Not all car accidents are considered a crime scene. Still, the situation that might be the cause of the accident or the behavior of the involved parties might lead to criminal investigations. Suppose there is a criminal charge filed against one of the involved parties in the accident if the other involved party might come with a much stronger dispute to recuperate the damages for the losses and the injuries that the motorist sustained in the crash.If you are thinking of filing a personal lawsuit against a vehicular accident here are some thing you should keep in mind.
Motorists Should Report All Car Accidents To The Police.
In every accident, the police officer can determine if the car crash happened is a criminal case. If the accident is a criminal case, the lawyers over at bannisterandwyatt.com can explain the charges related to vehicular manslaughter or reckless Driving; the lawyers can also explain how they can protect you from many serious charges you might face.
But even though there are no criminal charges that can be filed in the crash, you should still report it to the authorities. Even if no one was injured during the crash and there is only minimal damage, you will still have better insurance payments from the impact of reporting the incident to the police. They will summarize the details of the crash.
When Can A Car Accident Be A Criminal Offense
Car accidents are often civil incidents. However, there are times that they are criminal offense below are the list of criminal offense car accidents;
- Hit and Run when a driver accidentally hits a pedestrian or another vehicle, they are required to stop at the area where the accident happened no matter how minor the crash is. The driver must follow the proper protocol for the post-accident. These will include exchanging information with the other involved party, including their name, contact information, and even their insurance information.
When a motorist hits another pedestrian or a vehicle and suddenly leaves the area of an accident, they might face serious criminal charges. The specific criminal cost the motorist might face will depend on the outcome of the crash. Some of the hit-and-run penalties are losing the privilege in Driving, felony arrest, or prison sentence.
- DUI/ DWI/ DWAI in a total of 50 states, it is illegal for a motorist to drive while intoxicated or impaired, and they have a blood alcohol concentration or BAC of 0.08% or more. A criminal charge will depend on whether it is the first offense, second offense, third offense, or more of the driver or if the driver was previously convicted.
Penalties for these might include fines, a suspension for your license, a program for drinking and driving, or they will increase the insurance cost. Penalties for the DWI might also include jail or alternative sentences.
- Reckless Driving in the law, it is written that it is unlawful for a driver to drive in a way that they might endanger other people. Motorists who commit reckless Driving might face criminal charges, especially if they kill somebody with the vehicle they are driving with at least 100 miles per hour, especially in a school zone. If the driver killed somebody, they might face a criminal charge of vehicular homicide or manslaughter.
If a motorist was also at fault, they are not the reason why the other person died, or the other person’s death is an accident. There were no aggravating circumstances, for instance, reckless driving, a criminal charge might be unlikely, but the driver will still face a civil lawsuit.
The Civil Penalties
Insurance Claim or Personal Injury Lawsuit a motorist who hits and causes injury to a pedestrian might have a personal injury lawsuit by the pedestrian who is injured, seeking to recover the damages, in other words, payment for the losses caused by the crash. Or the pedestrian can also file a third-party car insurance claim with the motorist insurance company if the motorist is the one who is at fault, which will be the case all the time. In other situations, the pedestrians are at fault for the vehicular accident.
The insurance claim or lawsuit will find a way to establish the motorist’s fault for the crash; they will prove that the driver was negligent. The judge will do it by getting statements from a person who writes the crime and all of the people involved in the crash. They will also examine the police reports. It includes the findings of the officers that were committed by the motorist who is at fault. The statement of a police officer is essential.
Next, the injured person will ask the motorist who is at fault for payments for all of the damages and injuries related to the accident. These include the cost of their medical treatment, the time they have missed at their workplace, the suffering and pain that the accident caused to them, and many more related losses.
Most car accidents that have injuries are solved with the motorist car insurance bearer through out-of-court agreement. But there are cases where insurance might not be applied—the same as with the personal injury lawsuit after the DUI vehicular accident.
A Wrongful Death Lawsuit states that pedestrian deaths have over 10 percent out of all vehicular accidents related to death. There are different versions of wrongful death law for every state in the U.SThat allows the family member of the deceased to bring a lawsuit to the person responsible for the death.
Contact A Car Accident Attorney
If you have any injury during a vehicular accident and you think that they can face criminal charges, especially the motorist, you must contact a lawyer immediately to discuss the possible compensation with them. Whether you should settle it using the insurance company, seek restitution, and file a civil case, the lawyers can help the clients make the best choices they have for themselves and their families.