The short answer is that most car accidents are civil cases. Most vehicle crashes involve two or more people and cause damage and injuries to the victims. If someone's negligence caused the accident, others involved can seek compensation by bringing a civil lawsuit for car accident damages.
So when is a car accident a crime? Far fewer car accidents involve criminal prosecutions because the government cannot file criminal charges unless someone breaks the law. Even when criminal charges are filed for a car crash, most cases also involve a parallel civil matter where a victim can pursue financial damages from the at-fault party.
Read on for a more detailed explanation of when a car accident is a civil or criminal case and how a skilled car accident attorney can handle the process of securing compensation for crash victims through civil legal proceedings.
Table of Contents
- Criminal versus Civil Cases—What’s the Difference?
- Injured People Must Bring a Civil Lawsuit for a Car Accident
- Your Right to Pursue a Civil Lawsuit For a Car Accident
- What Can a Lawyer Do for You in a Car Accident Claim?
- When You Need to Bring a Civil Lawsuit for a Car Accident, Contact a Skilled Car Accident Lawyer Today for a Free Consultation
Criminal versus Civil Cases—What’s the Difference?
Most legal disputes in the United States fall into one of two broad categories: civil matters and criminal matters (a third category, administrative matters, accounts for most of the rest). There are stark differences between a civil lawsuit for a car accident and criminal charges for the same event.
In Criminal Matters, the Government Must Accuse Someone of a Crime
Criminal matters are legal proceedings in which the government has accused someone (a criminal defendant) of violating a criminal law. In most states, only the government can initiate a criminal matter, and the government bears the high burden of proving the charge against the criminal defendant beyond a reasonable doubt. If the government succeeds in proving its case at trial, or (as is far more common) the criminal defendant enters a guilty plea, a court sentences the criminal defendant to a punishment that can include prison, fines, and probation.
Civil Matters Involve Claiming that Someone’s Misconduct Caused Harm, Whether or Not It Was a Crime
Civil matters, in contrast, are legal proceedings involving one party (the plaintiff) who alleges that another party (the defendant) harmed them by engaging in misconduct. Civil plaintiffs may be individuals, businesses, or public or private entities. Lawsuits and legal disputes between private parties almost always constitute civil matters.
In a typical civil lawsuit for a car accident, the plaintiff bears the burden of proving by a preponderance of the evidence that:
- The defendant owed the plaintiff a duty of care;
- The defendant’s wrongful decisions, actions, or inaction violated that duty;
- The plaintiff suffered physical, emotional, or financial harm as a result; and
- The defendant should, therefore, pay monetary damages to the plaintiff.
A civil matter can involve allegations of misconduct, such as running a stop light, for which the government could also pursue criminal charges, but that’s not required. Civil matters are completely separate and distinct from criminal matters. A plaintiff can generally initiate a civil action against a defendant regardless of whether the government has charged, or even could charge, the defendant with a crime arising out of the same facts or circumstances.
Injured People Must Bring a Civil Lawsuit for a Car Accident
Car accidents happen all the time. Our country sees more than 6 million vehicle crashes every year, according to the National Highway Traffic Safety Administration (NHTSA). Many of those collisions happen because drivers make careless mistakes. Most people didn’t intend to crash or hurt anyone. Nor did their actions amount to a reckless disregard for the safety of others. They simply made the sort of human error that can happen to anyone, and it caused an accident.
In those most common car accident scenarios, individuals who suffered harm will generally have the right to pursue a civil claim to recover financial damages from the party who made the mistake that caused the crash. An injured person may also have the right to bring an insurance claim or against their own auto policy or the at-fault party’s insurance company.
For example, some accident victims can submit a claim under their own insurance coverage for uninsured or underinsured coverage or if they are in a no-fault state. Most victims can also pursue a claim against the at-fault party’s liability insurance policy, or initiate a lawsuit directly against the at-fault party in court. Any of those actions would constitute a civil matter.
Law enforcement generally has no legal basis to pursue criminal charges in most car accidents. Careless mistakes don’t usually amount to criminal misconduct. And even if they might, the authorities frequently have little interest in prosecuting. They’re content for justice to be served by the accident victim pursuing financial compensation through a civil matter.
Some Car Accidents Are Both Civil and Criminal Matters
Some car accidents occur because someone acted intentionally harmful or extremely reckless.
This type of conduct is generally associated with criminal behavior. When those accidents happen, the victim can have the right to pursue a civil claim for damages, and the government can also have grounds for charging the at-fault party criminally.
Car accidents that can amount to civil and criminal matters simultaneously often include:
- Drunk or drugged driving accidents
- Accidents resulting from street racing or extreme speeding
- Road rage accidents
- Fatal accidents, especially those involving child deaths
As noted above, car accidents that lead to criminal charges can also be pursued as civil matters at the same time. That’s because the two types of matters serve entirely different purposes. Criminal matters seek justice for the community by punishing violations of criminal statutes. Civil matters seek compensation for the harm caused to specific plaintiffs by a defendant’s misconduct, whether or not it amounted to a crime.
Simultaneous civil and criminal car accident matters don’t necessarily affect one another, but they might. This is why car accident victims need a skilled injury lawyer in their corner to protect their rights to claim damages in a civil matter, no matter what type of charge the authorities decide to pursue against the at-fault party or how that case turns out.
Few Car Accidents Are Purely Criminal Matters
It’s relatively uncommon for a car accident to be filed as a criminal matter only. It typically only happens when an accident causes no harm to anyone other than the at-fault party, and they have no claim for compensation against any insurance coverage.
For example, a drunk driver crashing his car into a concrete highway barrier might lead to criminal charges but no civil claim since no one else was hurt, the drunk driver’s car was the only one to sustain damage, and the driver’s insurance excluded coverage for damage caused by its policyholder’s own criminal actions.
Your Right to Pursue a Civil Lawsuit For a Car Accident
If you or someone close to you suffered physical, emotional, or financial injuries stemming from a car accident, you likely have the right to pursue a civil matter seeking compensation from the party at fault or under an insurance policy. Here’s an overview of who may have civil liability to you and the types of damages you may have the right to claim.
Who Has Liability to You?
If someone owes you money for causing the damages you suffered in a car accident, lawyers refer to them as having civil liability to you (or being civilly liable). Numerous parties may have civil liability for your losses after a car accident. It all depends on the specific facts and circumstances of the crash.
Car accident attorneys who represent crash victims work hard to identify as many parties as possible who may have civil liability in each case.
A lawyer may conclude, for example, that they can hold any of these parties civilly liable for your damages:
- A careless or reckless driver who caused the accident
- The employer of a careless or reckless driver who crashed a work vehicle
- A bar, restaurant, or social host that served alcohol to a visibly intoxicated or underage drunk driver
- An automotive manufacturer that sold defective parts that triggered the accident
- A government entity or contractor responsible for unreasonably dangerous road conditions
In addition to these or similar parties, an insurance company may also have an obligation to pay for your car accident losses. Lawyers for crash victims refer to that obligation as a contractual liability because it arises under the terms of an insurance policy, which is a type of contract. You might have the right to claim compensation under your own insurance policy (a so-called first-party insurance claim) or under an insurance policy issued to someone else to cover their civil liability to you (a third-party claim).
What Compensation Can You Claim in a Civil Matter?
As the victim of a car accident caused by someone else’s wrongful conduct, you can claim compensation for the full scope of harm you’ve suffered. It may surprise you to learn just how broad your rights to compensation are.
You generally have the right to demand payment for all of the following types of damages if you suffered them:
- The costs of your current and future medical treatments for car accident-related injuries
- The expense of repairing or replacing your damaged property
- Other out-of-pocket expenditures trigged by the accident or your injuries
- Earnings and job benefits you lost by missing work after the accident
- Future income you may not earn because of your injuries
- Your physical pain and discomfort
- Your emotional distress
- The inconvenience and daily disruption caused by your injury
- Your diminished enjoyment of life, activities, or relationships
- Living with scarring or disfigurement
In some cases, such as a car accident that’s both a civil and criminal matter, you may also have the right to request that a court award you additional punitive damages as a way of punishing the at-fault party’s misconduct. The most reliable way to learn about the damages you may claim in a civil car accident matter is to consult with an experienced personal injury attorney.
What Can a Lawyer Do for You in a Car Accident Claim?
Victims of car accidents deserve maximum compensation. But getting that money isn’t necessarily easy or straightforward. It takes the skill and experience of a seasoned car accident injury lawyer to ensure that you receive the payments due for the damages you suffered.
Lawyers handle every aspect of the claims process to help you recover compensation in a civil lawsuit against an at-fault party or insurance company.
The right lawyer for your car accident case has the resources and know-how to:
- Investigate the causes of your car accident to identify every party that might have civil liability to you.
- Analyze insurance policies to determine whether and for how much they cover your losses.
- Handle all interactions with insurance companies on your behalf, so you never have to deal with an aggressive adjuster’s calls.
- Answer your questions and help you make critical life decisions that might affect your rights.
- Serve as your personal representative in dealings with official investigators.
- Protect your rights to compensation in your civil matter if the car accident also triggers criminal charges against the at-fault party.
- Gather the evidence to prove a party’s civil liability and your damages.
- Prepare, file, and litigate insurance claims and lawsuits on your behalf.
- Negotiate potential settlements of your claim with defense lawyers and insurance companies.
- Advise you about whether to accept or reject a settlement offer.
- Take your case to trial to prove liability and damages to a judge and jury.
- Secure and disburse the money owed to you under a settlement or court judgment.
Most car accident lawyers provide these and other services on a contingent fee basis. A fee is contingent when the lawyer only earns it by getting you results. When a lawyer represents you on contingency, you don’t have to pay upfront fees or hourly rates for the lawyer’s work. The lawyer starts to work immediately and only collects the payment of their fees out of money secured on your behalf.
When You Need to Bring a Civil Lawsuit for a Car Accident, Contact a Skilled Car Accident Lawyer Today for a Free Consultation
By pursuing a civil claim against the at-fault party who caused your crash, you can seek compensation for the harm you suffered. Depending on your circumstances, that might entail submitting a claim to an insurance company or filing a lawsuit in a local court. To get the most money out of those proceedings, you’ll need an attorney in your corner who knows the ropes and has a strong track record of getting results for injured accident victims like you.
Don’t delay. You may have limited time to initiate a civil matter before your rights expire. Contact a personal injury lawyer in Philadelphia today for a free consultation about your rights.