Criminal Charges and Car Accident Injury Cases

 Posted on November 22, 2022 in Car Accidents

Glenview police recently announced that they had arrested and were charging a 55-year-old woman with reckless homicide, speeding more than 35 mph over the speed limit, failure to reduce speed to avoid an accident, driving too fast for conditions, and following too closely nearly eight months after a March 19 six-vehicle accident that left one man dead. The woman was driving her vehicle southbound on Milwaukee Avenue too fast on wet pavement when her vehicle struck the car of the 73-year-old man, who was killed, and triggered the six-vehicle crash.

For people who have been involved in motor vehicle accidents, criminal charges against negligent parties are welcome news but in the end, they may not do much to help people suffering after crashes. A prosecutor handling a criminal case is more concerned with getting convictions than any kind of restitution for people affected by the crash, so civil personal injury cases are usually the best hope most people have.

Differences Between Civil and Criminal Cases Involving Personal Injury

When a car accident occurs, criminal charges are not often in order. Many people who are responsible for crashes simply exchange information with the driver they hit and go about their day without having to face arrest or traffic tickets.

The biggest difference between a criminal case and a civil case involves the burden of proof. Whereas a prosecutor in a criminal case must prove a person’s guilt beyond a reasonable doubt, a person filing a civil claim only needs to establish the negligence of a liable party by a preponderance of the evidence, which essentially translates to “more likely than not.”

The distinction is fairly important because this can mean that an unfavorable outcome in a criminal case does not mean that a civil case will be hopeless. Consider the case of O.J. Simpson, who was found not guilty of murdering his wife, Nicole Brown, and her companion, Ronald Goldman, but later had a civil jury find him liable for wrongful death and battery, ordering him to pay $33.5 million in damages. 

However, regardless of whether criminal charges are possible or appropriate, people involved in automobile accidents only have the power to file civil cases. Criminal charges can only be filed by state or federal governments.

Punishments also differ between criminal and civil cases, as a criminal case can end with a court ordering a person to pay fines, serve time in jail or prison, and possibly perform a number of other community functions. A civil case will usually result in a monetary damage award that a negligent party must pay the person harmed.

Criminal and civil cases can both involve their own unique kinds of settlements, too. Most civil cases end up settling outside of court because neither party wants to bear the costs of going to trial, but criminal cases can also result in plea agreements under which people agree to plead guilty to reduced charges or in exchange for lesser penalties.

Contact a Glenview, IL Truck Accident Lawyer

Do you need help recovering financial compensation following a car accident in Cook County? Make sure to get the help of a Glenview, IL truck accident attorney at Gruzmark Law, Ltd. who will be best suited to help you recover as much compensation as possible.

Our firm can quickly commence our own independent investigation into your car crash and will work to secure all of the evidence necessary to prove your case against the liable driver. You can call 847-729-7660 or contact us online to take advantage of a free consultation.

Source: 

https://patch.com/illinois/glenview/driver-faces-charges-glenview-crash-killed-northbrook-man