Civil Liability In Criminal Personal Injury Cases
Personal injuries generally happen due to negligence on the part of others involved. In some situations, the at-fault party’s actions are more than just reckless-they are criminal. DUI-related car accidents are an example of this type of case. Find out how to file a civil liability against someone for catastrophic injuries, regardless of whether or not they face criminal charges as well.
Driver Pleads No Contest In Monterey DUI Accident That Injured Four People
According to a November 2022 KSBW News report, a Lafayette man recently pleaded no contest for his role in causing a car accident on Bixby Bridge that left four people with serious personal injuries. It happened a year ago when the driver lost control of his car and collided head on with another vehicle.
The people in the car he hit all suffered serious personal injuries. Two children, who were among the victims, had to be airlifted to local hospitals. At the scene of the crash, police detected the smell of alcohol on the at-fault driver. He was found to have a blood alcohol content (BAC) level of .11 percent, well over the legal limit.
Pleading no contest means that, while not admitting guilt, he accepts the penalties associated with a conviction. In this case, as he had a prior DUI on his record, he is expected to face five years in state prison. He can also be held liable in a civil claim for damages the victims suffered due to his actions.
Filing A Civil Claim When The At_Fault Party Is Guilty Of Criminal Behavior
Under the California Civil Code, everyone is responsible for their actions. If you or someone you love is a victim of another’s negligence, you may be able to get a sense of justice and the compensation you need to recover through a personal injury claim filed through the civil court. This is true regardless of whether or not criminal charges are filed in the case.
However, when the at fault party is arrested or otherwise subject to criminal proceedings, this can make filing a civil claim more complex. Common issues include:
- Waiting for the criminal matter to be resolved: You will generally need to wait for their criminal case to go to court prior to resolving your civil claim.
- Proving the at-fault party is guilty: Whether they plead no contest or are found guilty or not guilty, you will still need to provide evidence that they are personally liable.
- Enforcing a final judgment: To collect on a civil judgment in this type of case, you will likely need to initiate enforcement actions, such as wage garnishment, asset seizure, and property liens.
Our Monterey Personal Injury Lawyer Is Here To Help
When personal injuries happen to you or someone you love, The Allen Law Firm provides professional legal representation to hold the at-fault party accountable. To get the help you need, call or contact our Monterey catastrophic injury lawyer online and request a consultation.