When you’re involved in a car accident, the legal implications can be daunting. In Nevada, most accidents are treated as civil cases, where the focus is on recovering compensation for damages, like medical expenses or lost wages. Nonetheless, some accidents might cross into criminal territory, especially if the other driver was under the influence or engaged in reckless driving. For example, in Nevada, driving under the influence (DUI) is a severe offense that could lead to criminal charges and potentially affect your civil case as well. The key difference lies in the intent and severity of the offense, which will determine how your case is handled.
Always discuss your case with a Reno personal injury attorney who can build the strongest claim possible.
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2023 was reportedly one of the most deadly in the previous twenty years when it came to traffic deaths in Nevada, with over 380 of them happening in The Silver State alone last year. Fatal accidents often include a criminal component due to the loss of life, but injury accidents can also result in citations or charges against the other drivers.
For example, if a drunk driver crashed into you, and the police report to the scene, they might arrest the driver. That driver might face criminal charges of driving under the influence (DUI). Other common criminal charges include reckless driving or vehicular manslaughter.
Another situation commonly involving criminal cases is a hit and run, which is against the law. If the police locate the driver, they can face both criminal and civil liability.
There are many differences between criminal and civil car accident cases. A criminal case aims to punish the offender, while a civil case compensates a victim for personal injuries. The burden of proof is lower in a civil case, so many car accident victims succeed in proving negligence even if a prosecutor does not prove criminal charges.
Keep in mind that civil cases have strict deadlines, even if you are waiting for a criminal case to proceed. Never wait too long to contact a local Reno car accident attorney, as it could affect your accident claim negatively. In Nevada, the deadline to make a claim for injuries is two years from the accident date.
Yes, a civil case is often affected by the outcome of a criminal case – but not always. For example, imagine the driver who hit you is found guilty of DUI. Your car accident attorney can use this conviction as proof of the driver’s negligence. Often, additional proof is not necessary when you have a criminal conviction.
However, as mentioned, a criminal conviction is not needed to win a civil claim. Do not assume that if a driver is acquitted, you will lose your car accident claim. This is not necessarily the case due to the burden of proof. Let our lawyers assess your options.
For the majority of car accidents, the legal path leads to civil court. Here, the aim is to resolve disputes by determining who was at fault and awarding damages to those who suffered injuries or losses. Civil cases often involve negotiations with insurance companies, but they can also end up in court if a fair settlement cannot be reached. The process consists of gathering evidence, such as police reports and witness statements, to prove that the other driver was negligent. Regardless of whether the accident involves a potential criminal act, such as reckless driving, you can still pursue civil action independently. According to Nevada Law Help, reckless driving is a significant concern in the state, and those affected by such actions have the right to seek compensation through civil litigation.
After an accident, you are undeniably entitled to seek compensation through a civil lawsuit. This right remains intact even if the other party faces criminal charges. Nevada’s current statute of limitations for filing a personal injury lawsuit is typically two years, which means you need to act within this timeframe to protect your claim. Filing a civil suit allows you to recover various damages, including medical expenses, property damage, and even emotional distress. It’s important to understand that civil cases are about making you whole again, financially and emotionally, following the trauma of an accident. To learn more about how these cases work in Nevada, you might find this guide on DUI laws insightful.
Navigating the aftermath of a car accident is stressful, and that’s where a lawyer can make a world of difference. A seasoned attorney can help by investigating the accident, negotiating with insurance companies, and representing you in court if necessary. Their role is to ensure your rights are upheld and that you receive fair compensation for your injuries. Whether your case remains a civil matter or involves criminal elements, having legal guidance can be crucial in securing the best possible outcome.
At Kidwell & Gallagher Injury Lawyers, we’re committed to guiding you through every stage of your case, ensuring you’re never alone during this challenging time. If you need legal support after a car accident, don’t hesitate to reach out. We’re here to help you navigate the complexities and secure the justice you deserve. For more information, visit our website here.
A criminal car accident case generally completes before a civil case because criminal proceedings often take precedence, and their outcomes can affect the evidence and proceedings in civil cases. In Reno, NV, car accidents can lead to both civil and criminal cases, depending on the circumstances of the incident. For example, a driver may face criminal charges for DUI, reckless driving, or hit-and-run. These charges aim to punish the offender, while a civil case seeks compensation for the victim’s injuries and financial losses.
However, while criminal cases are designed to resolve quickly to serve justice, civil claims may be delayed if the outcome of a criminal trial impacts the civil lawsuit. The results of a criminal case, such as a conviction, can serve as evidence in your civil case, particularly when establishing negligence or fault.
In Nevada, it’s crucial to remember that civil cases have a statute of limitations. Typically, accident victims have two years from the date of the accident to file a claim (sourceclaim).
Understanding the difference between civil and criminal car accident cases can help you navigate the legal aftermath of a crash. Here’s a breakdown of the key differences between the two:
Civil cases focus on compensating victims, unlike criminal cases which aim to punish offenders. In civil court, the burden of proof is lower, making it easier to win damages, even without a criminal conviction (Judicial Learning Center).
Navigating the legal system after a car accident can be overwhelming, particularly if both civil and criminal cases are involved. The legal complexities in Reno require the assistance of a skilled attorney who can guide you through both processes. A criminal conviction can significantly benefit your civil claim, but even if the driver is acquitted, you still have the right to pursue damages in a civil lawsuit.
If you’ve been injured in a car accident, our Personal Injury Lawyer team at Kidwell & Gallagher Injury Lawyers is here to help. Our experienced attorneys can:
Following a car accident, always call the police, as they might issue citations or make arrests of other drivers that can help prove driver negligence and liability in your case. Seek medical attention for your injuries, then consult our Reno car accident lawyers about your civil car accident claim.
Never wait to contact Kidwell & Gallagher Injury Lawyers online or call us at (775) 323-2667.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.