If you were involved in a Massachusetts car accident caused by another driver, you’re probably wondering what happens next. Do you press criminal charges? Does the crash qualify for a civil or criminal action when police are called to the accident scene? What is a civil action, anyways?
At The Law Offices of Gerald J. Noonan, we want you to understand all of your legal rights after a crash. Keep reading for a simple explanation of the difference between a civil and criminal car accident case. If you need personalized advice from a Massachusetts car accident lawyer, call or contact us for a free consultation.
Difference Between a Civil and Criminal Car Accident Case
In a civil car accident case, a person who suffered injuries and/or substantial property damage in the collision seeks financial compensation from the party(s) that caused it. The claim will show how the other person’s negligence, recklessness, or other legal fault caused the accident and the victim’s injuries and property damage.
The injured party only needs to prove that it was “more likely than not” that the other party caused the car accident and injuries. In a successful civil car accident case, the at-fault driver and their insurance company will pay for the cost of the damages.
A criminal car accident case is different. Prosecutors handle these cases from the county District Attorney’s offices. A criminal case seeks to punish an individual for committing a crime that caused a car accident. For example, a driver may face criminal charges for driving under the influence of alcohol or drugs. The at-fault party will receive a criminal sentence such as jail or prison time, probation, and fines if convicted.
In some circumstances, the court may order the criminal defendant to pay restitution, or financial compensation, to the victims of their crime. Unlike in a civil case, the state must prove each element of the charged offense beyond a reasonable doubt, a much higher standard than a civil case requires.
Can I File a Criminal Case after an Auto Accident in Massachusetts?
Typically, the police and prosecutors file criminal cases. However, for certain misdemeanor offenses, you can file an application yourself to have a criminal complaint issued by the court. This requires going to the appropriate police department and obtaining a completed police incident report.
After obtaining the police report, the next step is filing it and an application for criminal complaint with the municipal or district court where the accident occurred. The court would then schedule a hearing with you and the defendant. At that time, a clerk-magistrate would review the case and determine whether probable cause exists to issue a criminal complaint.
How Can a Brockton Car Accident Attorney Help?
A knowledgeable car accident attorney from The Law Offices of Gerald J. Noonan firm can help with civil claims if you or a loved one was hurt in a car crash. We can:
- Investigate the accident to secure evidence and witness testimony for your claim
- Explain your legal rights and what to expect during your case
- Prepare a persuasive argument, sometimes with the assistance of accident reconstruction experts, that demonstrates how the accident occurred and identifies those at fault
- File your claim(s) with the relevant insurance providers and vigorously pursue a settlement that provides you with full and fair compensation
- Take your claim to court if it gives you the best possible chance of a full financial recovery
If you were involved in a car accident in Massachusetts, call or contact The Law Offices of Gerald J. Noonan today for a free, no-obligation consultation to learn more about the claims process. We’re ready to discuss your case now.