By Texas Parole 
Fact: Most people assume one car accident equals one problem.
However you might have multiple legal battles on your hands when serious collisions are caused by reckless or illegal behaviour.
One crash can technically spark two different legal processes.
With that in mind, it’s important to understand how criminal cases overlap with civil cases. Especially as it pertains to accident liability proof.
What you’ll discover:
- Criminal vs Civil Law and Auto Collisions
- How Accident Liability Proof Works
- When One Crash Causes Two Cases
- Evidence that Factors Into Both Cases
Criminal vs Civil Law and Auto Collisions
First things first. The basics.
Criminal laws punish those who wronged the state. DUI charges, vehicular manslaughter counts, reckless driving citations and hit-and-run incidents all fall under this umbrella. Criminal cases are prosecuted by the government. Penalties include jail time, hefty fines and a criminal record.
Civil cases are filed when one person wrongs another. In car accidents, this usually means the injured party sues for compensation.
Now for the interesting part…
Often both sides apply after one collision. Say a drunk driver caused a serious crash. They could face criminal charges by the state AND a civil lawsuit from the victim. This is where a good car accident attorney can step in and help navigate civil options while the criminal process works itself out.
However…
The biggest difference between the two is proof.
“Innocent until proven guilty” is the stance our justice system takes. Prosecutors must prove guilt beyond a reasonable doubt. A much higher bar to clear. For civil cases, the standard of proof required is “a preponderance of the evidence.” Basically, the plaintiff needs to show that it’s more likely than not that the defendant was responsible.
Want to guess why someone could be found innocent in criminal court but lose their civil lawsuit?
How Accident Liability Proof Works in Criminal AND Civil Cases
Okay, so what exactly is accident liability proof?
Essentially, it’s the evidence required to win the case. Without solid proof, neither criminal nor civil cases can be won.
But the methods of obtaining that proof vary.
To prove guilt, prosecutors present police reports/officer testimony, breathalyser results, traffic camera footage and witness statements. Those found liable for civil injuries need to provide medical records, accident reconstruction reports and loss of income. They may also use evidence of negligence.
As you can see, there’s a lot of overlap.
Police reports, witness statements and more can be used for both criminal and civil proceedings. And that’s a huge win for victims.
When One Crash Leads to Two Legal Cases
Here’s the deal. Not all auto collisions result in criminal charges.
But certain severe collisions are extremely likely to.
These are the most common…
- Drunk driving or driving under the influence of drugs
- Speeding excessively or street racing
- Hit-and-run collisions
- Texting while driving or other distracted behaviour
Driving under the influence is far too common. The National Highway Traffic Safety Administration reported that 12,429 people were killed in alcohol-impaired driving crashes in 2023. That’s about 30% of total traffic deaths.
When someone passes the speed limit by a ridiculous margin and causes serious injury or death, criminal charges will likely be filed against them. Charges like vehicular assault or manslaughter.
Hit and runs are illegal no matter the circumstances. So if someone hits you and leaves the scene of an accident, you can sue them on top of whatever the state does to them.
Distracted driving falls into a gray area. You could potentially face criminal charges if distracted behaviour leads to serious injuries.
Essentially, if the auto collision meets criteria for a criminal case, then it will most likely happen.
These cases can technically happen at the same time. Though the civil case may take longer to process.
Key Evidence Used for Both Criminal AND Civil Cases
You’ve probably guessed it by now…
The best cases are made by obtaining as much accident liability proof as possible. Some evidence will hold more weight than others. But the more you have, the better the chances of winning in both courts.
Here’s what to look for…
- Police reports and incident reports. This will likely be the most important documents after a crash. They typically include copies of citations, addresses and the officer’s overall opinion of the collision.
- Test results. Were any drivers intoxicated? According to the CDC, 37 people die every day in drunk-driving crashes in the United States. If so, you’ll definitely want to obtain a copy of the breathalyser and any toxicology reports.
- Witnesses. Did anyone see what happened? Their testimony can be used in court.
- Digital information. Video footage from dashcams and traffic cams can prove liability. So can phone records (looking at you, texting drivers).
- Experts. Accident reconstruction specialists can testify as to how the collision occurred.
The moral of the story? Gather and secure as much information as possible immediately following a serious collision.
Criminal vs Civil Cases: How They Tie Together
If guilt was successfully proven “beyond all reasonable doubt,” the civil lawsuit becomes much stronger.
The criminal case strengthens the civil case. If a driver was drunk at the time of the collision and is later convicted for DUI, that conviction can be used as proof of negligence. While it doesn’t guarantee a win in the lawsuit, it definitely gives the plaintiff better odds.
An acquittal in criminal court does not mean the victim of a collision won’t win their civil suit.
The most famous example of this? OJ Simpson was sued and found liable by civil courts after being found innocent in criminal court. The same rules apply to serious auto collisions.
Wrapping It Up
Crime or accident?
As you now know, both criminal and civil laws can apply after serious auto collisions. One collision can launch two different legal processes with two different outcomes.
To quickly recap…
- Criminal cases require proof beyond a reasonable doubt. Civil cases do not
- Much of the evidence used for criminal cases can be used for civil cases, and vice versa
- If a defendant is found guilty in criminal court, the plaintiff automatically has an advantage in their civil case
- If a defendant is found innocent in criminal court, it does not prevent the plaintiff from winning their civil case
- Serious collisions that involve impaired drivers, speeding, and hit-and-runs will usually lead to both criminal and civil cases
Accident liability proof can make or break the case. Whether proving someone’s guilt or innocence.
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