Few things are more heartbreaking than a car crash that kills someone which any driver or family may be a victim of. The sudden loss leaves family members grieving, and the driver has to answer questions that no one could ever imagine wondering What happens if you crash into someone else with your vehicle in an accident and they pass away?
There are many law firms in America which can help or give guidance through these difficult moments. So basically the question is, What happens when you hit someone with your car?
Alongside the emotional trauma drivers might also need to face criminal charges as well as wrongful death. Lawsuits can be brought by family members as well as complicated insurance issues that could quickly become overwhelming if you don’t have professional legal advice.
Contents
Legal Consequences of Fatal Car Accidents
Drivers who are involved in a crash which causes death need to immediately dial 911 and remain at the scene, and refrain from making statements that can be interpreted as admission of guilt. Both civil and criminal liability could be a possibility.
In California, the Vehicle Code (SS20001) requires drivers to pull over at the site of an accident that causes injuries or deaths and offer assistance and information about the accident. The act of leaving the scene is regarded as a felony offense of hit-and-run.
The law provides penalties that differ based on the specifics of the case. If injuries are at stake, a conviction could result in up to a year in jail, and fines that range from $1,000 to $8,000. Or even according to the hurt caused in such accident. If the collision causes fatal or serious injuries that last for a long time. In this scenario the sentence can be increased up to 4 years the state prison system or at least 90 days in the county jail, and the same fines.
Habitual Offender
The penalties for a violation can change based on a variety of factors, including the previous record of the driver as well as the degree of negligence or continuation of the crime. If the person is a habitual offender who makes offence usually then the punishment and fine must be more. In despite of this, the degree to which aggravating factors like intoxication or reckless driving are in play crucial role.
Criminal charges often depend on the circumstances that led to the collision. Intoxication or reckless speeding, as well as other reckless behavior could lead authorities to pursue charges that come with lengthy sentences in prison and substantial fines.
Difference Between Criminal Charges and Civil Liability
Criminal charges are focused on the punishment of the victim whereas civil liability concentrates on regaining financial compensation for the family of the victim. These charges can include DUI-related crimes as well as reckless driving. Criminal convictions could result in jail or probation time also substantial penalties may impose.
Civil liability can arise when the family of the victim files an action for wrongful death. They could seek compensation for funeral expenses, medical expenses and income loss or loss of companionship. “Civil cases don’t require the proof of beyond the reasonable doubts” but the preponderance of evidence should be prove.
This double system means that the driver could be cleared of criminal charges, but risk a costly civil verdict.
Wrongful Death Claims After a Fatal Car Accident
If a family loses their loved person in a crash or other incident. They can pursue a wrongful-death lawsuit in america. The law allows spouses or children as well as certain dependents to seek damages. The compensation could include:
- Funeral and burial costs
- Lost financial support
- Medical asisstance
- The loss of companionship and guidance
If you’re a driver who is wondering what happens when you hit someone with your car in an accident and they pass away in the end. The truth is that, even when criminal liability is not avoided the civil liability can cause financial damage. Insurance can cover certain damage, but policies limitations often make drivers personally with the burden of large judgments.
Factors That Influence Liability
The responsibility for a fatal car accident is determined by the way in which the accident occurred. Liabilty is made based on any evidence that is available. The courts and insurance companies examine carefully at each detail. It is important to determine if the driver is responsible or if the blame is shared. Some common issues to consider are:
- Evidence from the scene: police report, skid marks surveillance footage, black box information as well as witness testimony can be relied upon.
- American Law allows for fault to be split (contibutory negligence). If a pedestrian or a driver was involved in the collision the driver’s share responsibility can be decreased.
- Each of these elements will determine whether a particular incident leads to criminal charges or civil lawsuits or both. This is the reason legal representation is essential.
What Happens When You Hit Someone With Your Car
Many drivers ask, when is it too late to Find a Lawyer After an Accident? It is true that calling as soon as you can following the fatal accident is vital. Because it safeguard your rights and keep evidences safe.
The best time to reach out to an attorney is right after an accident that has resulted in death. A lawyer can help ensure your rights are protected, assist you through police investigations and negotiate with insurance companies on your behalf.