Understanding Civil vs Criminal Cases After a Car Accident
I'm Griff Tonkin, one of the litigation partners here at the Arthofer & Tonkin Law Offices. We handle exclusively personal injury claims.
Today, I want to talk to you about a question we hear often: if you're involved in a car accident, is that a civil matter or a criminal matter? The answer is, it might be both. But before we get to that answer, let's do a brief legal lesson.
The Two Systems of Justice
There are two systems of justice here in the United States: the civil system and the criminal system.
In very general terms, the criminal system, if you're convicted, is going to take away your freedom or take away your property by force of law. In the civil system, resources are generally moved from one party to another as compensation for loss. That can be a contract case, a real estate case, or a personal injury case.
When Both Systems Apply to Your Car Accident
In personal injury cases, when you're involved in a car accident, you may have both parts of our justice system active at the same time. That is to say, if the driver who hit you was driving under the influence, for example, they may have a criminal case against them for driving DUI.
That doesn't mean that you can't also have your civil case for your personal injury damages. Both will proceed independently. The good news for you is, the prosecutor's office will handle everything having to do with the DUI. But you need a good attorney to represent you for your personal injuries.
That's what we do here at the Arthofer & Tonkin Law Offices.
What This Means for Your Personal Injury Claim
So if you've been involved in an incident where the driver who caused it is alleged to have also committed a crime — like excess speeding, driving under the influence, or fleeing from law enforcement — that doesn't mean that you don't have a personal injury claim.
It just means that you need a good attorney to help navigate those waters and the complexities of interacting with law enforcement, the court system, and the insurance companies to make sure that you're justly compensated for your injuries.
Free Consultations for All Potential Clients
We consult for free with all potential personal injury clients here at the Arthofer & Tonkin Law Offices. Whether your case involves a criminal component or not, we'll sit down with you, look at the facts, and give you a straight answer about what your claim looks like and how we can help.
Call us today at 530-722-9002 for your free consultation.
