You are driving around Pennsylvania when you are injured in an accident with another vehicle. However, when the police arrive, they decide to take the other driver into custody. It turns out that the other driver was drunk and has just been arrested for a DWI. Despite what you may think, this is an all too common occurrence. The fact that you will be suing someone who is also facing criminal charges can affect your case. This is why it is crucial for you to understand how this will impact your claim and the actions taken by your personal injury lawyer.
What is the difference between a criminal case and a civil action?
Personal injury claims can also involve conduct that is considered criminal. Whether it is a drunk driving accident, someone getting sickened at a restaurant, or a company poisoning drinking water with toxic waste, people who are injured can bring civil claims where defendants have also been criminally charged. Therefore, it is important to know the difference.
Criminal conduct is handled by the state. In most cases, your local District Attorney has the power to bring criminal charges against a person or business entity that they feel has broken the law. So, someone arrested for DWI or a business that poisoned its customers may be charged with felonies and/or misdemeanors for their conduct. In this situation, the state has to prove guilt beyond a reasonable doubt, usually before a jury unless the defendant waives this right.
Civil cases are different. Here, an individual or business will sue someone for an injury that occurred. In your situation, you will sue the other driver for the car accident that caused your injury, even if the other driver has been arrested and charged with DWI. To prevail in a civil case, you only have to prove you are right by a preponderance of the evidence, a much lower threshold than in a criminal trial.
How does the criminal case affect my civil action?
There are several effects that a criminal case can have on the lawsuit that you filed against the defendant. First, in most cases, your civil action will be stayed pending resolution of the criminal matter. This means that you cannot proceed with your civil trial until the defendant has pled guilty or been convicted or acquitted after a trial. This is because the facts of your lawsuit overlap with those of the criminal case, and could prejudice the rights of the defendant. For example, a criminal defendant can plead the Fifth and refuse to testify in a criminal case, something that does not apply in civil actions.
Second, any evidence that is introduced in the criminal case may be used by you to pursue your civil action. If the defendant testifies on his or her own behalf, that testimony can be used by you. Where the defendant says something different in a deposition than what he or she said on the witness stand, your personal injury attorney can use that inconsistent testimony to call into question the defendant’s honesty. Similarly, if the defendant admits guilt for the accident that caused your injuries, this admission can be used to show culpability.
Finally, in most situations, a conviction or guilty plea in the criminal case can be used by you to prove that the defendant is liable for the injuries you sustained in your accident. This is the case if the conviction relates directly to the circumstances of the accident or misconduct. Because of the higher burden of proof in a criminal trial, a criminal conviction holds great weight in a civil lawsuit.
However, a felony or misdemeanor in and of itself may not be enough. For example, if the defendant was convicted of DWI but the circumstances of the traffic accident do not show that this was a contributing factor, then you will still need to prove that the defendant acted negligently beyond simply driving drunk.
If you suffer a personal injury, call our firm today
Getting injured can create great difficulties in your life. You need to know that you can hold the responsible party accountable for your injuries. Call The Cassidy Law Firm today so our team of experienced personal injury attorneys can get you the compensation you deserve.