21 Jul HOW DO CRIMINAL CHARGES AFFECT CAR ACCIDENT CLAIMS?
Posted By Gruenberg Kelly Della || 21-Jul-2020
Car accident claims, if they do enter litigation, are handled in civil court. The goal of car accident claims is to recover compensation for injured parties. This differs from criminal court, in which the goal of litigation is to punish a person for committing a crime. However, a car accident may involve criminal actions as well. In these incidences, it is possible that the same case will be handled in both civil and criminal court. If you have been injured in a collision that involves a criminal element, you may be curious about how potential criminal proceedings may affect your car accident claim.
Car Accident Cases That May Involve Criminal Charges
Drivers sometimes commit criminal acts while behind the wheel, and such acts can lead to car accidents. When this happens, a collision may be the subject of a typical car accident case as well as criminal proceedings.
A car accident case may be the subject of a criminal case if:
- A driver was under the influence of alcohol or drugs
- Traffic violations were committed during the collision
- Other escalating factors contributed to the car accident
Will a Criminal Case Impact Liability in a Car Accident Claim?
It is important to remember that your car accident claim is separate from any criminal proceedings that involve the same case. It is possible that the criminal case will have no impact on your collision claim at all. The separate cases may not progress at the same time as well, so it is likely that either case may be resolved before the other.
However, criminal charges of an at-fault party could potentially work out in your favor. For example, the cause of a car accident may be attributed to one driver being under the influence of alcohol or drugs. An injury victim may be involved in an insurance claim to recover compensation, and cites the other driver’s recklessness as a reason to receive additional compensation. Meanwhile, the at-fault driver is facing criminal charges for DUI. If that driver is convicted, the charge would substantiate the injury victim’s claims and potentially lead to them receiving more compensation. Of course, this is not a guarantee. As both cases exist separately, the DUI conviction could have no effect on the injured person’s claim.
Contact Gruenberg Kelly Della for assistance with your car accident case. Our lawyers will help you recover the compensation you deserve.
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