What if the Driver Who Hit Me Was Charged With a Crime?

Most motor vehicle accidents involve negligence. When a driver is negligent and that negligence causes or significantly contributes to a collision, that driver is typically legally responsible for damages. Often, though, there’s another legal case moving forward alongside the injured party’s car accident claim. That’s because some of the negligent actions that cause car accidents are also crimes. Two common examples are driving under the influence (DUI) and reckless operation.

When that happens, the accident victim will often be called as a witness in the criminal case, and may be asked to provide evidence of any losses they suffered as a result of the crime. That process can create some confusion which issues will be addressed in the criminal courts and which will be part of a civil claim, and about the action the injured person needs to take. 

There may also be times when the driver is charged with a crime after the accident, but the crime itself wasn’t the negligence that caused the crash. For example, the driver may have been operating on a suspended license or driving a stolen vehicle.

The information below will give you a general overview of how criminal and civil cases involving the same incident may impact one another. However, there’s no substitute for personalized advice after a car accident injury. Your best first step in this situation is to consult an experienced Massachusetts car accident lawyer. 

Do I Need an Injury Lawyer if the Driver Who Hit Me is Being Prosecuted?

In most cases, you will want your own personal injury lawyer even if the driver who hit you has been charged with a crime. There are several reasons it’s to your advantage to have an experienced car accident lawyer on your side. Two of the most significant are the differences in the burden of proof in civil and criminal cases and the limitations of restitution orders. 

You May Be Able to Win a Personal Injury Case Even if the Responsible Driver is Acquitted

To secure a conviction in a criminal case, a prosecutor must prove each element of the crime beyond a reasonable doubt. That’s a high bar. In a civil case, on the other hand, the plaintiff need only show that it is more likely than not that the defendant was responsible for their injuries. In addition to the lower burden of proof, it’s possible that the driver may be found to have been negligent for some reason other than the alleged crime. For instance, a driver charged with and acquitted of reckless operation may still be found negligent because they were speeding, or distracted. That means the injured person may win a civil case even if the responsible party was found not guilty in criminal court. 

More Compensation May Be Available in a Civil Case

When the driver who hit you pleads guilty to or is convicted of a crime in connection with your accident, the court may order the driver to pay restitution as part of their criminal sanctions. However, there are a few reasons you may want to pursue a civil claim even if restitution is ordered. 

First, the types of compensation that may be ordered as restitution are often more limited than the damages you might be able to secure through a civil claim. Next, there is the likelihood of being able to collect the compensation ordered. 

You might think that when restitution is ordered, the defendant has a greater incentive to pay. That’s true, because the court can revoke the driver’s probation and send them to jail if they don’t pay restitution on time. But, the reality is a little more complicated. If the defendant is sentenced to jail time, they may be without income for months or years. They may not start paying restitution until they’re released, and even then it may be in increments over time. If the other driver doesn’t pay, they may go back to jail. But, that doesn’t help you. 

On the other hand, a civil car accident claim is usually covered by the responsible driver’s auto insurance. You may be entitled to damages, such as compensation for pain and suffering, that wouldn’t be available as restitution. And, the insurance carrier has the resources to pay the claim and won’t have to wait until the other driver gets out of jail.

Talk to a Massachusetts Car Accident Lawyer Today

If you’ve been injured in a car accident, you should speak with an experienced criminal defense lawyer right away–even if the other driver has been charged with a crime. Attorney Kevin P. Broderick knows how important it is that you have access to accurate information as soon as possible after your accident. So, he offers free consultations to injury victims in Massachusetts and New Hampshire.

Call us today at 978-459-3085 or fill out our contact form.