The Difference Between Civil and Criminal Traffic Accidents in Alexandria, VA

Even though car accidents are a common occurrence on the roads of Alexandria, VA, there are certain distinctions that make them either civil or criminal traffic accidents. Depending on which type of car accident has occurred, there will be differing legal implications.

While it's always best to be cautious behind the wheel, there may be circumstances beyond your control that cause you to get into a car accident. According to lawyer Michael Pignone, it is important for residents of Alexandria and the surrounding areas to be familiar with these differences to understand the type of attorney they may need to represent them in the resulting legal matter.

Civil vs Criminal Traffic Accidents

There are key differences in how civil and criminal traffic accidents are handled. Here is a look at each type of traffic accident:

Civil Traffic Accidents

In civil traffic accidents, the central focus of these cases is liability and the potential for compensation to cover the damages incurred by the victim. Civil traffic accident cases are filed by the injured party to recover monetary compensation for physical injuries, property damage, lost wages, and other losses caused in this event, including intangible losses known as non-economic damages.

In civil cases for traffic accidents require, the plaintiff or injured party is responsible for presenting the burden of proof. This requires satisfying the four elements of negligence to show that the defendant is liable for the damages. When it comes to negligence in car accidents, it is easy to show the first element of negligence, which is a duty of care. All drivers owe one another the duty to drive safely and obey traffic laws while behind the wheel.

Beyond that, the elements become more challenging to prove without legal representation. It requires showing that the defendant breached their duty of care by behaving negligently, that this negligent action caused the accident, and that these circumstances resulted in your injuries and damages.

Most civil cases, particularly for car accidents, will be resolved through settlement negotiations though some will go to trial to be decided by a judge or jury. In the courtroom, the judge or jury will decide the compensation award for the injured party. As for the defendant, the penalties will be financial in nature, designed for the sole purpose of making the victim's life as whole again as possible after the accident.

Criminal Traffic Accidents

By contrast, criminal traffic accidents occur when there are violations of traffic laws that are deemed criminal offenses such as DUI, hit-and-run accidents, or reckless driving. In these types of accident cases, the burden of proof is the responsibility of the prosecution, and it must be shown that the defendant is guilty beyond a reasonable doubt.

Criminal traffic accidents are adjudicated in criminal courts. If the defendant is found guilty of these infractions, they will face an array of penalties as punishment. The penalties for the conviction of a criminal traffic offense generally include fines, probation, and time behind bars.

The Biggest Differences Between Civil and Criminal Traffic Crashes

In civil cases involving car accidents, the focus is on determining fault and proving negligence. Criminal cases are focused on intentional misconduct or the gross negligence of the defendant.

Additionally, civil cases are brought forth by the injured party when they file a lawsuit. Criminal cases are brought by the state's prosecution. The case can't be dropped unless the prosecutor agrees to dismiss the charges against the defendant.

They will also result in different types of outcomes as civil cases for car accidents will typically end with a settlement or verdict that awards money to the victim. The defendant in a criminal traffic accident case may be convicted when found guilty or when submitting a plea to a lesser crime, which will have the resulting penalties of fines, jail time, and probation.

What Should You Do If You Caused a Car Accident in Alexandria?

If you caused a car accident in Alexandria, what you do next is important to protect your legal rights in the aftermath. Generally speaking, if you were texting and driving, it is not a criminal offense, though it is considered negligent behavior. You may receive a citation for distracted driving by the responding police officers but you likely won't be arrested.

In that scenario, you may face a civil lawsuit for the car accident and it will be in your best interests to hire an attorney who can help you through the legal process. Similarly, if you caused a car accident because you were driving recklessly or while intoxicated, or you left the scene of the accident, you will want to hire a defense attorney.

Your attorney will be able to help you decide the best course of action in your situation. You may be able to plead to a lesser charge, or there may be evidence that absolves you of criminal responsibility. However, you should be aware that you may also face a civil lawsuit for this car accident, even if you are prosecuted by the state in criminal courts.

Why You Need an Attorney to Fight Criminal Traffic Offenses

While the law states that you will be provided an attorney if you can't afford to hire one to defend you for criminal charges, it is best to hire one of your choosing. A reputable defense attorney with experience in defending DUI, hit and run, or reckless driving charges will have more time to give your case personal attention.

Public defenders, the attorneys appointed by the state at no charge, have high caseloads, making it difficult for them to fully commit to your defense. The attorney you are assigned may not have any experience defending cases similar to yours, making it more likely you'll get the maximum punishment.

Your freedom and your future will ultimately depend on the outcome of your case. If you are facing blame for an accident and criminal charges are pending, you should always consult an attorney.