If you are injured in a car accident and the at-fault party was guilty of a criminal offense, you might wonder: will any criminal action taken against him affect my ability to file a personal injury claim? Rest assured that while the outcome of criminal cases might impact the outcome of your personal injury case, whether the person is found guilty or not guilty, you will still be able to file a personal injury claim against them.
Read on to learn how criminal cases and civil cases can impact one another and then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you would like to talk to an attorney.
A Conviction Can Help Prove Liability
In the event that the at-fault party is found guilty of a crime that caused your injury accident, then this can be used to prove liability. The conviction will be admitted as evidence and the court will accept a certified conviction as proof of liability. This does not mean that the case is over – you will still have to prove your damages. The at-fault party could also claim that you were partially at fault for the accident, which would reduce your damages.
Car Accidents Can Lead to Several Types of Criminal Charges
You might wonder: What type of criminal charges could a person face after a car accident? There are actually a few. A DUI charge could result if the driver was under the influence of alcohol. A person could be charged with stealing a vehicle and reckless driving. The specific charges they will face will depend on the facts of the case and the extent of their behavior.
You Can Still File a Case if the Person Was Found Not Guilty
One of the biggest mistakes accident victims make is to assume that if the at-fault party is not found guilty of a criminal charge, then they are not likely to be found at fault in a civil case. This is not necessarily true for one important reason: each type of case has a different standard of proof.
When facing criminal charges, it is up to the prosecutor to prove that the crime occurred beyond a reasonable doubt. This means that even if the jury thinks it is much more likely that the person committed the crime than that they did not, the jury must find the person not guilty if they have any reasonable doubt at all.
In a civil case, the personal injury attorney need only prove that there is a preponderance of the evidence that the party was at fault. In simple terms, this means that the jury must believe it is more likely that the defendant was at fault for the accident than that they were not. Do you have further questions about filing personal injury claims? Contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
