Commercial Vehicle Accidents & Double Jeopardy
Most people who grew up in the United States are at least somewhat familiar with the Fifth Amendment to the U.S. Constitution, which protects against self-incrimination and double jeopardy, which is defined as being tried twice for the same crime. However, when a commercial vehicle accident or other road crash happens, it is not uncommon to hear about the person allegedly responsible for the crash facing both civil and criminal consequences. While this seems to fly in the face of the double jeopardy clause, it is crucial to understand that this situation is entirely legal.
Crimes & Torts Are Different
Double jeopardy is defined as being prosecuted twice for the same crime; specifically, the language of the Fifth Amendment states that a person cannot be “twice put in jeopardy of life or limb.” While this seems to argue against facing civil and criminal charges for the same offense, the simple reason why this situation does not trigger the double jeopardy clause of the Fifth Amendment is that civil infractions, known as torts, are not the same as crimes.
The civil law and criminal law systems in Florida (and the rest of the U.S. states, plus the federal government) are separate, and to tell which is which, one must look at the language used. For example, in a criminal case, a person may face jail time if they are ‘convicted,’ being found ‘guilty’, while in a civil lawsuit, a person is ‘held liable,’ with the penalty most often being money damages. Being held liable for a civil tort is not the same as being found guilty of a crime.
Order Of Proceedings Can Matter
What this means in cases involving commercial vehicles is that whomever can be established as the person who caused the accident may face both criminal charges (for example, for common-law negligence or for breaking a specific law) and civil liability, which may involve having to pay money to an injured person if it is established that their actions caused those injuries. If more than one defendant is involved, all of them may wind up on the hook for both, so to speak.
That said, it is common for the proceedings to follow each other, with the criminal usually happening first. The most persuasive reason for this is that the criminal law system has a higher standard of evidence, meaning that if an item is admissible in criminal court, it will almost certainly be admissible in civil court, making it easier to use evidence against an allegedly negligent defendant.
Contact A Tampa Commercial Vehicle Accident Attorney
Accidents involving commercial vehicles can lead to serious injuries, but in order to recover the compensation you deserve, it is important to understand the nature of seeking civil damages versus helping someone be charged with a crime. A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help you understand your options after a serious crash. Call our office today to schedule a free consultation.
