In a pedestrian-car accident, there are two types of penalties involved- civil and criminal. Often people think that a criminal and civil penalty is the same, but that is not so. Criminal charges refer to the accusation that a person has committed a crime. In contrast, civil penalties refer to financial penalties for wrongdoings.
It is essential to understand whether it would be wise to press criminal charges or file civil lawsuits in a pedestrian-car accident. Your pedestrian accident attorney can analyze your case and understand your best interests according to your situation.
Criminal penalties
The following pedestrian accidents can have criminal penalties.
- A case of hit and run.
When an accident occurs, all the parties are required by the law to stop at the scene immediately and exchange information. The liable party should call the ambulance for the victim if they have suffered injuries or make reasonable arrangements for them. When a driver flees the scene after injuring a person or damaging a vehicle, they will face criminal prosecution for hit and run. It is considered immoral behavior and a felony, and the guilty can face jail time.
- DUI or DWI.
Alcohol intoxication or taking any other drugs is hazardous for the driver and the other drivers and pedestrians on the road. If an intoxicated driver has caused your injuries, they will face penalties for causing harm and posing a risk to the victim’s life. The guilty can face jail time as well as suspension of driver’s license.
- Vehicular manslaughter.
Vehicular manslaughter refers to when a person dies in a pedestrian vs. car accident. This usually happens when the driver is speeding or operating their vehicle recklessly. If one can prove that the driver owed a duty of care to the victim and that the reckless driving has caused the death, the driver faces manslaughter charges.
Civil consequences
- Personal injury or insurance claim.
A personal injury or insurance claim is a compensation claim that is filed with the liable driver’s insurance company to recover the damages incurred by the victim in the accident. Here, the victim must establish that the other party’s negligence had caused the accident, and their recklessness has caused your injuries.
- Wrongful death lawsuit.
When a person dies in a pedestrian-car accident, the surviving family members of the deceased can file a wrongful death lawsuit. The family member will need first to provide evidence of the driver’s liability and negligence. If they are successful, they can recover the monetary and other losses caused by the relative’s death.
