Are Car Accidents Civil Cases or Criminal Cases in PA?

You may have to “go to court” for many different reasons, and the line between criminal and civil cases isn’t always clear. Determining whether car accidents are criminal or civil cases depends on the circumstances surrounding each crash.

Generally, car accidents are civil cases. In these claims, victims sue for damages from the at-fault driver. However, there may be elements involved in car crashes that lead to criminal charges, such as when the crash was caused by a drunk driver. When a criminal case is involved, it can make proving your civil claim easier, and complicate matters at the same time.

Call our Philadelphia car accident lawyers at The Reiff Law Firm for a free, confidential legal review by dialing (215) 709-6940.

When is a Car Accident a Civil Case?

A car accident is a civil case whenever a car accident injury victim seeks compensation in a lawsuit.

Is This Typical?

Yes! Most car crash cases are resolved through an insurance claim or settlement, but many people may decide to file a personal injury claim. The reason behind filing a lawsuit is obtaining higher compensation for injuries sustained and damage to their property.

Are Insurance Claims Civil Cases?

Insurance claims do not go to court, so they are not really “court cases.” Instead, an insurance claim is an alternative to a lawsuit.

If you want to make an official case out of it when the insurance company denies your claim or drags their heels, our Philadelphia car accident lawyers can sue in court and turn your insurance claim into a civil case.

Can Car Accidents Be Criminal Cases?

There are instances where actions and outcomes in a crash could turn them into criminal cases. For example, a crash involving drunk driving, reckless driving, or serious speeding may lead to an arrest, or at least a traffic ticket.

Can You Have a Criminal and Civil Case for the Same Car Accident?

When the at-fault party faces criminal charges for the accident, you may still be able to sue them.

Parallel Cases

The criminal and civil legal systems are separate, but parallel. Cases can make their way through both systems at the same time, advancing the cases separately.

Doesn’t That Violate Double Jeopardy?

No. The “double jeopardy rule” prevents people from facing criminal charges twice for the same offense. A civil case is separate, so you can file a civil lawsuit against the person who hurt you, even if they are also facing criminal charges for the crash.

Who Goes First?

When a criminal case is filed against a driver, that case will usually go to trial first. This actually benefits us as your injury attorneys, because it allows us to see the evidence the government presents against the defendant to prove their fault for the traffic offense or crime.

Then, we can obtain the same evidence and use it in our case.

Record of Conviction as Evidence in Civil Cases

In many cases, we can also use the record of conviction from the criminal charges against the defendant in court. The burden of proof is higher in criminal cases, and so if the burden was met there to show the defendant broke the law, it would be true in our civil case, too.

This allows us to introduce the record of conviction as proof of some of the elements in your injury lawsuit.

Can You Sue if the Criminal Case Failed

Yes! As mentioned, criminal cases have a higher burden of proof. There, the prosecutors need to prove the defendant’s crime “beyond a reasonable doubt,” while we need to prove it “by a preponderance of the evidence” in a civil lawsuit.

This civil standard is basically a “more likely than not” or “more than 50%” standard, while “beyond a reasonable doubt” is basically a “99%+” standard. That means it is possible to meet the civil burden of proof, even if it wasn’t proven “beyond a reasonable doubt,” e.g., if the jury is around 75% sure of what happened.

How Do Criminal Charges in a Car Accident Affect Settlements?

The fact that the defendant was charged with a crime for the same events you are suing them for can affect settlements in a few ways:

Guilty Pleas Make Settlements More Likely

Insurance companies typically cannot mount a real defense if their driver already admitted to causing the crash as part of their guilty plea. We can use that guilty plea against them, so the insurance company will typically just settle your case.

Defendants sometimes avoid this by entering a no-contest plea, which says they will not fight the case but allows them to avoid admitting fault. Prosecutors are not always willing to allow this as part of a plea agreement because they do not want to hurt potential civil cases being filed against the defendant.

Convictions and Guilty Pleas Can Raise Value

As mentioned, we can use convictions – as well as guilty pleas – as proof that the defendant was at fault. Strong evidence like this means we are more likely to win the case, and so it puts the defense in a worse negotiating position.

When the defense knows they will likely lose, they may be willing to pay more to end the case.

Punitive Damages May Be Available – But Not in Settlements

Punitive damages are available in many car accidents where the defendant committed recklessness or intentional acts to cause the accident. This makes them pay more damages to punish them for what they did.

The fact that we have a conviction or guilty plea on record saying they were reckless or intentional may qualify your case for punitive damages. However, they are only awarded in jury awards, not in settlements. Getting full damages may mean going all the way to trial.

Lower Assets for the Defendant

Defendants with insurance can pay for car accident settlements with their insurance. However, if any of the money comes out of pocket, the fact that they faced criminal charges may lower how much money they have left to pay you.

If they faced high fines or had to pay an expensive defense lawyer for their criminal case, they might have less left over to pay you now. Settling earlier might help prevent this issue, and using your own insurance (e.g., uninsured and underinsured motorist coverage) can help defray the cost.

When is a Car Accident a Criminal Case?

A car accident might turn into a criminal for various reasons. Some of the instances where a car crash might turn criminal include the following scenarios. If the at-fault driver in your case committed any of these crimes, it could help you gain substantial compensation in your civil lawsuit:

DUI

DUI car accidents can lead to criminal charges. The state of Pennsylvania has a zero-tolerance policy against drivers who operate a motor vehicle while under the effects of drugs and or alcohol. While DUIs are considered misdemeanors, their consequences can be dire for anyone accused of committing such crime.

If you are a first DUI offender and your BAC is 0.08%, then you could face a minimum sentence of six months in probation followed by a $300 fine. Furthermore, penalties could be harsher if you had previous DUI convictions.

On the other hand, if a person crashes and kills another while driving under the influence, he or she can be criminally prosecuted. For instance, if the at-fault party kills or causes serious bodily injury to another person while under the effects of drugs and or alcohol, they could face serious criminal charges that include prison time and hefty fines.

Hit and Run

Hit and run car accidents can lead to criminal charges, too. Anyone involved in a car accident must stop at the crash scene. Anyone who flees a car accident scene can face serious charges, especially if there are serious bodily injuries or death involved.

A motorist who abandons a crash scene can face misdemeanor charges even without injury. However, if a person suffers serious injuries, the at-fault party can face third or second-degree felony charges, which are extremely serious. Penalties for a third-degree felony mean a jail sentence of no less than 90 days and a $1,000 fine.

Second-degree felony charges for a hit and run resulting in death carries a minimum sentence of no less than 1 year in prison and a minimum fine of $2,500. Keep in mind that sentencing and penalties can increase depending on the circumstances of each case.

Reckless Driving

According to 75 Pa. C.S. § 3736, a reckless driver is any person who drives a vehicle with complete disregard for human safety and or property. Any individual who jeopardizes other motorists’ safety on the road by making poor decisions could face reckless driving charges for any accident. Examples of reckless driving may include speeding, tailgating, distracted driving, and texting while driving. Penalties for reckless driving in Pennsylvania can range from $200 fines and license suspension to $1000 fines and jail time.

What to Do After a Car Accident

The very first thing you need to take care of is your safety. After you find a safe place, you should call the police and report the accident. Additionally, you should never try to negotiate your case with an insurance company before consulting with a Lancaster car accident attorney first.

If the at-fault party was reckless and caused your injuries or you witnessed them commit any crimes, report it to the police immediately. You might be entitled to receive compensation regardless of whether the police charge them with a crime, but giving the police the evidence and information needed to charge them is vital.

FAQs for Criminal vs. Civil Cases for Car Accidents in Pennsylvania

Will the At-Fault Driver Get a Ticket?

Often, the police officer is not there to witness the crash, so they will not feel comfortable issuing any traffic tickets for what happened. However, if there is evidence of a more serious crime – like drunk driving or reckless driving – police will commonly arrest and charge the driver.

Can I Win My Civil Case Even if I Was Charged with a Crime?

Sometimes everyone involved in a crash did something wrong, but the degree of fault might not be equal. Victims who committed minor traffic infractions – like speeding – can still definitely sue at-fault drivers who committed more serious offenses – like drunk driving.

If you were the only one injured, you can still recover even if you were 50/50 at fault. This allows you to get their half of your damages paid for.

Do Past Criminal Charges Affect My Ability to Sue?

Generally, no. The fact that you committed a crime in the past does not block your access to the courts when you get injured in a civil case.

Convicts and felons can still sue for injuries when someone hurts them in a car crash. In fact, your past crimes often cannot be brought up at all under the Rules of Evidence, unless those crimes affect your potential truthfulness (e.g., if your past conviction was for fraud).

Can You Help with My Criminal and Civil Car Accident Cases?

Our car accident attorneys only handle civil car accident lawsuits (i.e., damages cases), not criminal cases. We also represent victims, not defendants.

Call Our Philadelphia Car Accident Lawyers Today

Call our Philadelphia personal injury attorneys at The Reiff Law Firm at (215) 709-6940 for a free case review.