If I was involved in an auto accident that was determined to be my fault, canI be sued in criminal court?
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If I was involved in an auto accident that was determined to be my fault, canI be sued in criminal court?
The driver of the other vehicle needed medical treatment which exceeded both insurance companies compensation. So now I am being sought for criminal restitution. I don’t understand? Why am I being charged as a criminal in criminal court? It was an auto accident. The ticket I was given was for improper mountain driving. It wasn’t like a DUI or anything.
Asked on December 20, 2011 under Accident Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A private party cannot bring an action in criminal court--only the authorities (the state) does. And they will only bring an action in criminal court if they believe there was a crime--for example, DUI. Other possible crimes involving driving include deliberately injuring a person; possibly being sufficiently reckless (not merely careless; this is more like having no consideration at all for the possible consequences to others) as to raise the accident to the status of a crime; or leaving the scene of an accident. If you are facing criminal liability, you should retain a criminal defense attorney, who may be able to get the matter dismissed entirely if it turns out there are no grounds for criminal liability.
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