Penalty For A Car Accident Death

What is the difference between a civil and criminal lawsuit for a car accident death?

A civil lawsuit and a criminal lawsuit for a car accident death are distinct legal actions with different purposes, burdens of proof, and potential outcomes. In a civil lawsuit, the purpose is to seek financial compensation for the losses suffered by the surviving family members due to the death of their loved one. These losses may include:

• Medical expenses
• Funeral costs
• Loss of income and financial support
• Loss of companionship
• Emotional distress

The burden of proof in a civil case usually requires showing that the defendant’s negligence or misconduct was more likely true than not, known as “preponderance of evidence.”

A criminal lawsuit establishes guilt to hold the responsible party criminally accountable for their actions leading to wrongful death. The purpose is to seek justice and punishment rather than financial compensation. In a criminal case, the burden of proof is higher, and guilt must be proven beyond a reasonable doubt.

The potential outcomes in these lawsuits also differ. In civil cases, the defendant may be required to pay monetary damages to the surviving family members. This can include compensation for economic and non-economic losses and punitive damages in some cases. 

In contrast, criminal cases can result in various car accident-causing death penalties depending on jurisdiction and specific circumstances such as fines, probation, community service, or imprisonment. Civil and criminal wrongful death lawsuits can occur simultaneously, although they serve different purposes and involve separate legal proceedings. 

Surviving family members may pursue both types of lawsuits to seek justice and compensation for their losses. Therefore, you should consult a skilled car accident attorney in Las Vegas to discuss your legal options. 

Are car accidents the leading cause of death?

According to the CDC, car accidents are the leading cause of death in the United States and the leading cause of death of U.S. citizens abroad. Annually, 1.35 million people are killed in car crashes. Globally, there are about 3,700 people killed daily. 

There were 386 traffic fatalities in Nevada in 2021, as reported by the Nevada Office of Traffic Safety (NOTS). The NOTS anticipated the number of fatalities would drop in 2022, but that was not the case. As reported by the Las Vegas Review-Journal, 2022 was the deadliest for motorists on Nevada roads, with 416 fatalities.   

How long do you go to jail for vehicular manslaughter in Nevada?

The penalties for vehicular manslaughter in Nevada, also known as “involuntary manslaughter with a vehicle,” can vary depending on the circumstances of the case. The specific length of imprisonment will depend on factors such as prior criminal history, aggravating factors like excessive speed or driving under the influence, and whether it’s considered a misdemeanor or felony offense.

Most criminal vehicular manslaughter cases are considered misdemeanors when there is no gross negligence involved. The maximum potential jail time can range from six months to one year, depending on whether the accidental death occurred in a work or construction zone. 

For more serious situations involving gross negligence or other aggravating factors that designate it as a felony offense, punishments may include imprisonment ranging from 1 year to life in prison.

Can I still seek damages even if the defendant was found not guilty in criminal court?

You can still seek damages through a civil lawsuit even if the defendant was found not guilty in criminal court. The outcome of a criminal trial does not automatically prevent you from pursuing compensation for your losses in a separate civil case.

Criminal and civil cases have different burdens of proof. In a criminal trial, the prosecution must prove guilt beyond a reasonable doubt. However, in a civil lawsuit for wrongful death, you only need to establish liability and demonstrate the defendant’s actions caused harm.

So, even if the defendant is acquitted or found not guilty in criminal court, you can still pursue legal action in civil court to seek financial compensation and other related damages by getting help from an experienced personal injury attorney.

Get honest legal advice and representation today

The unexpected loss of a loved one leaves many unanswered questions about the future. Don’t rely on wrongful death settlement calculators to get an accurate assessment of your case today. Get honest legal advice and representation from Adam S. Kutner, Injury Attorneys. Our caring and experienced team helps protect your rights to ensure you receive the compensation you deserve. 

Sources:

Akers, M. (2023). 2022 Now One of the Deadliest Years Ever on Nevada Roads.

Nevada Office of Traffic Safety Highway Safety Plan 2023. (2023).

Road Traffic Injuries and Deaths – A Global Problem. (2023).