Can You File a Lawsuit Against an At-Fault Driver Facing Criminal Charges? Yes, and Here’s How
You were injured in a car accident, and the at-fault driver now faces criminal charges for DUI or hit-and-run. You wonder if the criminal case stops you from filing your own lawsuit. The answer is no. Criminal law punishes the driver for breaking the law. Civil law allows you to pursue compensation for medical bills, lost wages, and other losses. These are two separate legal processes that can happen at the same time.
At Horst Shewmaker, our legal team guides accident victims through both systems. Working with an experienced Alpharetta car accident lawyer ensures you protect your legal rights and recover full compensation, regardless of any criminal proceedings against the at-fault driver.
Criminal vs. Civil Cases in Georgia: Understanding the Differences
Many people wonder how criminal charges and civil lawsuits work together after a car accident.
What Is a Criminal Case?
The state prosecutor starts a criminal case against the at-fault driver. The victim does not file criminal charges. The goal is punishment, not compensation.
Criminal cases can result in jail time, fines, probation, or license suspension. Common examples include DUI, reckless driving, hit-and-run, and vehicular homicide.
The prosecutor must prove guilt beyond a reasonable doubt. This is a high standard of proof. Criminal offenses fall into two categories: misdemeanor offenses and felony offenses. Felony charges carry more serious crimes and harsher penalties.
What Is a Civil Lawsuit?
The injured party files a civil lawsuit against the at-fault driver or their insurance company. You start this process, not the state. The goal is to recover money for your losses.
A civil case seeks compensation for medical bills, lost wages, pain and suffering, and property damage. The outcome is financial, not criminal punishment.
The burden of proof is lower in civil court. You must prove your case by a preponderance of the evidence. This means showing that your claim is more likely true than not true.
Can Both Happen at Once?
Yes. Criminal prosecution and civil lawsuits are separate legal processes. Both can move forward at the same time.
A criminal conviction can help your civil case. It provides strong evidence that the driver was at fault. However, your civil suit can proceed even if the criminal case is still pending or results in acquittal.
You can file a lawsuit against an at-fault driver who is also facing criminal charges in Georgia. The two cases do not block each other.
Common Scenarios: When Criminal and Civil Liability Overlap
Certain car accidents trigger both criminal charges and personal injury claims at the same time.
Hit-and-Run Accidents
A hit-and-run is a criminal offense in Georgia. If the accident only causes property damage, the driver faces misdemeanor charges. If the accident causes injuries or death, the driver faces felony offenses under O.C.G.A. § 40-6-270.
You can file a civil lawsuit to pursue compensation after the police identify the driver. Your lawyer will work to locate the at-fault driver and hold them legally responsible for your losses.
If the driver flees and authorities cannot find them, your uninsured motorist coverage may apply. Your own insurance company can help cover your medical bills and property damage.
DUI and Reckless Driving Incidents
DUI is one of the most common criminal offenses in accident cases. If the drunk driver causes injuries or death, they face felony charges under O.C.G.A. § 40-6-391. The state will prosecute them for breaking the law.
You can file a personal injury claim even if the driver is not convicted. Evidence like police reports, BAC tests, and witness statements can prove fault in civil court. The criminal case and your lawsuit use different standards of proof.
A defense attorney may help the other driver avoid criminal punishment, but this does not stop your right to pursue compensation.
Vehicular Homicide and Wrongful Death
Families who lose a loved one in a fatal accident have legal rights under Georgia wrongful death laws. O.C.G.A. § 51-4-2 allows families to sue the at-fault party for damages.
The statute of limitations is tolled during criminal proceedings under O.C.G.A. § 9-3-99. This means the clock stops while the criminal case moves forward. You have more time to file your lawsuit.
A civil case can recover funeral costs, lost income, and loss of companionship. Crime victims and their families deserve justice through both criminal prosecution and financial compensation.
Real-World Example
A driver is charged with felony DUI after causing a collision. The injured party sues for $200,000 in medical bills and lost wages.
The criminal conviction provides key evidence for the civil trial. The jury finds the driver liable and awards full compensation to the victim. However, the lawsuit can proceed regardless of the conviction outcome. Even if the criminal case results in acquittal, the civil case can still succeed because the burden of proof is lower.
The Step-by-Step Civil Lawsuit Process in Georgia
Filing a lawsuit against an at-fault driver follows a clear process with specific steps.
File a Police Report and Gather Evidence
Call the police immediately after the accident. A police report establishes the facts and identifies the at-fault driver. Officers document the scene and collect statements from all parties.
Gather as much evidence as possible. Take photos of the accident scene, vehicle damage, and your injuries. Get contact information from witnesses. Request surveillance footage from nearby businesses or traffic cameras if available.
Key evidence strengthens your personal injury claim. Your legal team will use this documentation to prove fault and build your case.
Notify Insurance Companies
Contact the at-fault driver’s insurance company to file a claim. Provide them with the police report and accident details. The insurance company will investigate and determine liability.
If the other driver has no insurance or inadequate coverage, file a claim with your own insurance company. Your uninsured motorist coverage or underinsured motorist coverage can help pay for your losses.
Do not accept the first settlement offer without legal advice. Insurance companies often try to minimize payouts on valid claims.
Consult a Personal Injury Lawyer
Schedule a free consultation with a personal injury lawyer. An experienced attorney will review your case and explain your legal rights. Most law firms offer free consultations to accident victims.
Your legal team will investigate the accident, gather additional evidence, and calculate your damages. They will negotiate with the insurance company on your behalf. If needed, they will prepare your case for trial.
People facing criminal charges often have complex insurance situations. A lawyer protects your interests and ensures you receive fair compensation.
File Your Lawsuit Within the Statute of Limitations
Georgia law gives you two years to file a personal injury lawsuit. The clock starts on the date the accident happened. Missing this deadline means you lose your right to sue.
If the at-fault driver faces criminal charges, the statute of limitations may be tolled. The deadline extends while the criminal case proceeds. Your attorney will track these dates and ensure timely filing.
Negotiation, Settlement, or Trial
Most cases settle before going to court. Your lawyer will negotiate with the insurance company to reach a fair settlement. This saves time and legal costs.
If the insurance company refuses to pay what you deserve, your case goes to trial. A jury trial allows you to present evidence and testimony. The jury decides fault and awards compensation.
Jury verdicts can exceed the insurance policy limits. If this happens, the at-fault driver may be personally liable for the remaining amount. Your attorney will pursue all available options to recover full compensation.
Act quickly after your accident. Evidence fades and witness memories become less reliable over time. The sooner you start the process, the stronger your case will be.
Damages and Compensation: What Can You Recover?
A successful lawsuit allows you to recover multiple types of compensation for your losses.
Economic Damages
Economic damages cover your financial losses from the accident. These include medical bills, hospital stays, surgery costs, and prescription medications. You can also recover money for physical therapy and rehabilitation services.
Lost wages compensate you for income you could not earn due to your injuries. Property damage compensation covers vehicle repairs or replacement costs.
Non-Economic Damages
Non-economic damages compensate you for losses without a clear dollar value. Pain and suffering covers the physical discomfort caused by your injuries. Emotional distress includes anxiety, depression, or trauma after the accident.
Loss of enjoyment of life applies if your injuries prevent activities you once enjoyed. The at-fault party must pay for how the accident changed your quality of life.
Punitive Damages
Punitive damages punish the at-fault driver for reckless conduct. Georgia courts award these in cases involving DUI, extreme speeding, or intentional harm. These damages go beyond compensation and aim to prevent similar behavior in the future.
Insurance Policy Limits and Personal Liability
The at-fault driver’s insurance policy limits may cap your recovery. If your damages exceed those limits, you can pursue the at-fault driver personally. The driver’s personal assets may be used to satisfy the judgment and ensure you receive full compensation.
Get the Legal Help You Need After a Serious Accident!
Don’t let criminal proceedings stop you from seeking the compensation you deserve. If you or a loved one was injured by a driver facing criminal charges, our team at Horst Shewmaker is ready to help. We offer a free consultation to review your case and explain your options. Our experienced Alpharetra car accident lawyers will investigate your accident, negotiate with insurance companies, and fight to recover full compensation for your medical bills, lost wages, and pain and suffering.
Contact us at (404) 400-1175 for a free case review today!
