Reasons Criminal Law Could Come Into Play With An Auto Accident Claim

It is no news that one of the most common forms of personal injury cases is the auto accident claim. With so many people zipping around on the highways and roadways every day, it is only natural that this is where the greatest possibility to sustain an injury lies. However, sometimes auto accident claims are not as cut and dry as you will expect them to be. In fact, sometimes, criminal charges can come into play, which can somewhat complicat the personal injury claim process. Take a look at a few times a car accident injury claim can also be associated with criminal charges:

The person who caused your accident was driving under the influence. 

DUI cases are probably the most common criminal complaints that can come up with a personal injury claim. If a driver hits you and you sustain injuries because of it, the fact that they were under the influence of drugs or alcohol during the accident can definitely mean that there will also be criminal charges involved. If the person responsible goes to jail because of this, it can mean your personal injury claim will be somewhat delayed until the criminal charges are processed. 

The driver at fault was driving recklessly. 

Most accidents are caused by things like distractions or improperly paying attention to roadway rules. However, if a driver is operating a vehicle in a reckless manner and causes an accident, there can be criminal charges involved in the case. A few examples of reckless driving scenarios that could definitely be the root cause of an auto accident include:

  • someone driving way over the speed limit
  • someone driving in the wrong lanes or in the wrong direction 
  • someone driving erratically without regard to the cars surrounding them 
  • someone driving in an area where vehicles are not allowed

The operator of the motor vehicle was using their cell phone when the accident occurred. 

In states where it is illegal to text and drive or use a cell phone and drive at the same time, it can warrant a criminal charge if this person causes an accident because they were not abiding by the local laws. In these cases, criminal charges tend to be brought up on a local level against the driver and the criminal charges can be used as evidence in your personal injury claim, whether it is a claim against the insurance company for your injuries or the driver. 

Contact a local personal injury attorney for more information and assistance.