Civil & Criminal Consequences After Commercial Vehicle Accidents
After a crash involving a commercial motor vehicle (CMV), most people who are interested in pursuing legal action will seek damages in a personal injury lawsuit in civil court. However, if an accident follows a certain pattern, it is sometimes possible that criminal charges will also be brought against the person who allegedly caused the accident. Despite what you may have been taught, it is generally possible for a person to face criminal charges and for you to file suit against them in civil court.
One Crash, Two Cases
The U.S. has two legal systems, one civil and one criminal. The difference between the two is that the penalties for civil liability are usually monetary, while penalties in criminal court usually involve a loss of liberty. This is one of the main reasons why the standard of proof in civil court tends to be a ‘preponderance of the evidence’ (that is, more likely than not) rather than criminal court’s “guilty beyond a reasonable doubt.”
It is important to keep in mind that these two systems function mostly separately, as different courts. Because of this, the Fifth Amendment to the U.S. Constitution does not apply (one cannot be tried twice in the same court for the same crime), and a person can both be tried in criminal court and sued in civil court, though doing so at the same time may not be a good idea for reasons of practicality.
Have A Strategy For Your Suit
Since the Fifth Amendment does not preclude a person facing civil causes of action and criminal charges over the same case, it is important to have a strategy in terms of how to mount your lawsuit. Commercial vehicle cases can be complex because multiple defendants are usually involved, but the same rules that apply to an individual like a truck driver will also usually apply to a trucking company.
One major question that an injured plaintiff must answer is when to file suit – before or after the defendant faces criminal charges. The answer for most will be after the criminal trial has been concluded, and this is because of the differing standards of proof. The standard in civil court is far, far less strict than the “beyond a reasonable doubt” of criminal court – meaning that evidence considered admissible in criminal court will almost always be admissible in civil court. This grants you several building blocks on which to build your case.
Contact A Tampa Commercial Vehicle Accident Attorney
If you have been involved in an accident with a commercial vehicle on Florida roads, you may not be aware that you can seek money damages from a negligent driver even if they are facing criminal charges in the same accident case. A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help. Call our office today to schedule a free consultation.
Source:
law.cornell.edu/constitution/fifth_amendment
