When a driver’s negligence or recklessness causes a vehicular accident that results in an injury or death, the at-fault driver can be held financially liable for damages resulting from the accident. In personal injury cases, these damages include lost wages, medical expenses, pain and suffering, and more. In wrongful death cases, the deceased accident victim’s family may be able to recover funeral and burial expenses, lost companionship and society, and other damages.
In addition to a civil lawsuit sounding in negligence, there may also be a criminal prosecution if the at-fault driver’s conduct was more than simple negligence. Typically, the criminal case does not yield any financial recovery for the accident victim (although the court may order the defendant to pay reparations in some cases), but a finding of guilt in the criminal case can be of assistance in proving fault in the civil case.
The decision to bring criminal charges after a motor vehicle accident rests with the State, namely the police and the district attorney. The exact charges depend upon the facts of the accident.