Civil Suits & Criminal Charges In Tractor-Trailer Accidents

Many people in this day and age still persist in the mistaken belief that if someone is charged with a crime, they cannot then be sued in civil court, or vice-versa. In reality, it is possible in the U.S. to seek civil damages from a person even after they have been criminally tried for the same alleged offense. If you have been severely injured in a crash with a tractor-trailer, know that even if the person responsible faces criminal charges, this does not take away your right to file a civil suit for monetary damages.

No Double Jeopardy

The Fifth Amendment to the U.S. Constitution holds that a person may not be placed on trial twice for the same criminal offense – but seeking money damages after a road accident falls under the legal theory of personal injury law, which is civil in nature. A civil proceeding and a criminal trial are not the same procedure – so no “double jeopardy” exists in that scenario. In addition, it is the state that brings criminal charges against a person, while a private person may only bring a lawsuit under their own power in the civil system.

A recent example occurred in Pennsylvania which illustrates the nature of this process. In late September 2024, the trial of a Florida tractor-trailer driver began after he allegedly caused the deaths of two people when he ran a red light. The driver was allegedly moving at a speed over the limit, and the collision caused the trailer to flip, causing a fire. While the two people in the other vehicle died at the scene, any surviving family would likely be able to file suit against the tractor-trailer driver – and possibly his employer – to seek compensation for their loss.

Little Details Matter

If you and your family decide to file suit against a negligent tractor-trailer driver after a road accident, it is important to be aware of certain factors, even if there is no law which would prevent you from filing. One of the most important is that usually, a criminal trial will come before any civil proceedings get off the ground. While it may be difficult to have to wait for monetary compensation, the reason for this is that the burden of proof in criminal trials is much higher than that required in civil suits. As a result, more evidence will be discoverable in a criminal trial, giving a family more ammunition to use in a civil proceeding.

With the evidence from a concluded criminal trial, a knowledgeable attorney can help increase your chances of recovering monetarily for your losses. Medical bills, lost wages and pain and suffering can add up – and a tractor-trailer driver and their employer may collectively have deep pockets. If you have been injured by a person whose conduct is both negligent and criminal, it is only appropriate that you use the legal system to be made whole, both monetarily and emotionally.

Contact A Tampa Tractor-Trailer Attorney

After an accident with a tractor-trailer, it can be tempting to simply sit back and focus on physically healing. A Tampa tractor-trailer attorney from the Rinaldo Law Group can help answer your questions and manage your concerns about the legal process, so that you have the best chance possible to recover for what you have lost. Call our office today to schedule a free consultation.

Source:

wgal.com/article/pennsylvania-lancaster-county-trial-fatal-crash-cesar-torres/62221736