As car accident lawyers handling cases in North Carolina for decades, we have met with many car wreck victims and their families. Several of our clients are often confused by the difference between criminal law and civil law, as well as about our role in their case versus that of the County District Attorney’s.
Here’s what you need to know: most motor vehicle accidents are classified as civil cases, but there are circumstances where criminal charges may also arise, such as when a driver violates criminal law (for example, DUI). Criminal and civil cases can both arise from the same auto accident, but they are completely separate legal processes, and can proceed independently of each other. A car accident attorney can help you understand how to file your case in the right court.
Car Accident Criminal Charges
Criminal law is series of laws, usually codified by state or federal statute, that sets forth certain conduct as “criminal.” Society wants to discourage this type of conduct. Criminal law also sets forth a system of punishment for criminal conduct. Criminal matters are distinct from civil matters, as they involve prosecution by the government to punish wrongdoing, rather than compensating victims.
Criminal law exists for three primary reasons:
- To punish people who engage in criminal acts;
- To protect innocent people;
- To discourage bad acts.
Let’s break down each of these:
Our judicial system punishes criminals because they have done something to harm society in violation of the law. Punishment does not “help” anybody, it merely punishes the wrongdoer. Punishment is based on the fundamental notion that bad acts should not go without a consequence.
Next, we enact criminal laws not merely to punish wrongdoers, but also to protect the public. Common examples would be criminal laws against battery, theft, murder, etc. The system of criminal justice is supposed to provide for a society where people can live in peace.
Finally, we have criminal laws to discourage bad acts. By enacting such laws, potential criminals now must weigh whether they are willing to risk the possible punishment if they get caught. If criminal punishments are enforced, then many criminals are deterred. If criminal laws are not enforced, then more people are likely to commit crimes.
Is Car Accident a Criminal Offense?
North Carolina has laws regulating the conduct of all drivers. Failure to follow the rules of the road can result in a driver being charged. Criminal charges can be broken down into three categories:
- Infractions
- Misdemeanors (Possible punishment up to 1 year in jail)
- Felonies (Possible punishment of more than 1 year in jail)
If you have been injured by another driver, it might be because the other driver was driving while intoxicated, was racing someone on a public street, etc. Similarly, you could be injured by another driver if they are speeding, drive aggressively or fail to stop for a stop sign. If the at-fault driver’s conduct violates the law, then they should be charged with an infraction, a misdemeanor, or a felony.
Does It Help My Car Wreck Case If The At-fault Driver Is Charged?
Maybe. When we are representing you for an injury, we want to see if the at-fault driver was convicted or pled guilty to violating the rules of the road. If the conviction or plea concerns a possible cause of the accident, then the plea or conviction can often be introduced in a civil case as evidence of the at-fault driver’s negligence. In other words, a guilty plea or a conviction for the at-fault driver can definitely help your case. If someone pleads guilty to their criminal charge of DWI, it’s pretty tough for the same defendant to claim in your injury case that they were not intoxicated. Most pleas and convictions can be admitted as evidence in a civil trial.
Can Bradley Law Group Charge and Prosecute an At-Fault Driver?
No, we are civil litigation lawyers, which means we can pursue a civil recovery (money) for you. Any violation of the rules of the road will be handled by law enforcement and the District Attorney.
Civil Lawsuit For a Car Accident
As opposed to criminal law, civil law provides enforcement of private rights by individuals. In other words, civil laws are enforced by means of a civil lawsuit rather than a criminal charge. You can’t be “convicted” in a civil matter. Instead, you can be found liable for damages. Your remedy in a civil matter usually involves money damages (i.e. a settlement or a judgment), but can also involve equitable relief, such as an injunction.
Civil law is frequently aimed at making an individual “whole” after someone has acted in an irresponsible manner. In the context of a car accident, the at-fault driver might be convicted of speeding, but that will not pay for your medical expenses. There is a limit to what criminal law will do following a car accident. Civil law jumps in to fill the void. Civil law recognizes that you need to be paid back for medical expenses, lost wages, pain, suffering and other damages. This system of allowing individuals to seek a recovery from other individuals or entities is based on fundamental notions of fairness.
Through a personal injury lawsuit, victims can seek compensation for their losses when an insurance claim is denied or insufficient. The purpose of filing a car accident claim is to seek compensation for the financial damages suffered as a result of the car accident caused by the at-fault party.
Can I File a Civil Suit For a Car Accident?
Our job as car accident injury attorneys is to help build a strong case that proves negligence of the other party. We apply the applicable negligence laws to the facts, and we present these arguments to an insurance company. If we are able to convince the insurance company to pay your damages, then there is no need for you to file a lawsuit. However, if the insurance company will not play fair, then we will pursue a car crash lawsuit to seek the monetary damages that will make compensate you for your losses. Typically, we are able to successfully settle 90% – 95% of our cases without the need of a lawsuit. However, if we need to do it, we are trial-ready to protect your rights.
Can I Still Pursue A Personal Injury Case If The At-Fault Driver Wasn’t Charged With Anything?
Yes! Your right to pursue civil damages (medical bills, pain and suffering, lost wages, etc.) does not depend on the other driver being cited by the police. In the world of civil personal injury, we must only prove by the greater weight of the evidence, that the defendant’s conduct was negligent and that your damages are the direct and proximate result of this negligence. This can be done regardless of whether the police issued a ticket to the at-fault driver or not.
Is a Car Accident a Civil or a Criminal Case?
In North Carolina, a car accident is both civil and criminal. Simply put, criminal law allows the state to punish someone for violating the law. Civil law is intended to provide you with a legal remedy to pursue a monetary recovery for the damages that you have suffered. The District Attorney can help convict a driver charged with violating the rules of the road. Your car accident attorney can help you recover financially.
Have More Questions? Book a Free Consultation With an Experienced Car Accident Lawyer
Bradley Law Group has helped clients recover settlements and verdicts for more than two decades. We only represent injured people, and not insurance companies. If you have been injured, give us a call for a free consultation. We never charge a fee until YOU get paid.
Disclaimer: All cases are unique and are evaluated independently. Past results are not a guarantee of future performance. This post does not form an attorney client relationship with the reader nor is it intended as legal advice. State laws are different regarding insurance coverages and their applicability. Bradley Law Group represents people involved in accidents in North Carolina.