Many car crashes are the result of negligent behavior. Some of the worst collisions occur because people break the law. Perhaps a driver seemed to be under the influence at the time of the collision. Maybe they flagrantly violated traffic regulations, which led to a wreck with significant consequences.
In situations where collisions cause major injuries or someone dies in a crash, people may start considering a lawsuit. Personal injury and wrongful death lawsuits help people hold others accountable for preventable, major collisions.
Those determining whether or not they have grounds to take legal action may jump to the wrong conclusion. They might assume that because the state did not bring charges against the driver at fault, they may not be able to win a lawsuit either.
Is it possible to pursue civil litigation in cases where the state does not prosecute the party at fault for a collision?
The burden of proof is different in civil court
State prosecutors are in a difficult position. Sometimes, they truly believe that specific people may have violated the law. However, they may not have sufficient evidence to justify bringing charges or to prevail in criminal court.
Prosecutors working for the state have to meet a very high standard of proof when bringing criminal charges. They have to prove beyond a reasonable doubt that a defendant violated the law. There are many cases in which the state may lack adequate evidence to prosecute, but there is a clear connection between an individual and a major car crash.
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Thankfully, the standard of evidence required for a personal injury lawsuit is substantially lower than the burden of proof imposed on state authorities during criminal prosecution. Under the rules of civil procedure in Texas, plaintiffs have to show that a preponderance of the evidence supports their allegations.
Even in cases where the state declines to press charges, the people affected by a collision may be able to gather enough evidence to successfully pursue a civil lawsuit. A personal injury or wrongful death lawsuit can give people a sense of closure and can be a source of consequences for the driver who caused the collision.
People who question whether they have the option of taking legal action may need to talk with an attorney, and that’s okay. Litigation can be a reasonable reaction to a motor vehicle collision when insurance can’t cover all of the costs caused by a car crash.
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