When Does a Car Accident Become a Crime?

July 24, 2015

In our modern society, driving is a way of life. Unfortunately, sometimes car accidents are unavoidable. A driver may misinterpret traffic signals. Sometimes, a driver will overestimate her or his ability to make a light. Overlooking a hazard can be a common pitfall. There are times, however, car accidents become much more serious. In certain situations, a car accident can move beyond the realm of missteps and into the world of criminal charges. But what exactly constitutes a vehicular crime, and how can you tell if you have been involved in something more than a standard car accident?

Criminal Auto Accidents

Following are a few examples of when an automobile accident could merit criminal charges:

Hit and run. While commonly associated with a driver striking a pedestrian, a hit and run accident can be a serious offense in a court of law. If a vehicle strikes or injures a pedestrian or bicyclist and fails to stop his or her car, this person is potentially guilty of a hit and run. If charges are successfully filed, the penalties for such an accident can be very serious.

Reckless driving. Considered a criminal motoring offense, reckless driving is characterized by actions on the part of a driver which jeopardize the safety, lives, and property of those around them. It is a relatively broadly defined offense, and often is left to the discretion of the authorities to determine. If it is determined that a driver is being reckless, they could face charges. Temporary or long-term loss of the right to drive, fines, and jail time are all possible.

Drunk driving. One of the most well-known forms of criminal vehicular operation is that of drunk driving. Determining whether intoxication is a causal factor in an auto accident is relatively easy and is established by administering a test to determine blood alcohol content. If the alcohol content in the blood is high, the driver is generally charged with either a DUI or a DWI.

Criminal DUI

Because of the potential danger of driving while intoxicated, police are especially focused on preventing drunk driving and punishing offenders. Keep in mind that as few as two drinks can raise many adults’ blood alcohol content past the legal limit, and the act of driving under the influence is taken very seriously by the courts.

Texting while driving has been shown in recent years to be a major cause of vehicular accident and injury. For this reason, many states, including Texas, have implemented bans on texting while driving, and the act of doing so is presently against the law.

Leaving the scene. If a collision occurs between two or more vehicles, it is the responsibility and obligation of each driver to stop and confront the situation. Failure to do so is a criminal act called leaving the scene of an accident and can carry penalties and fines which may surpass those the accident itself would have inflicted.

Lack of insurance. Every driver is required by law to possess valid vehicle insurance. Failure to do so is a punishable act throughout the United States. Vehicular insurance protects the driver, the investment in the vehicle, and others on the road. Failure to obtain and carry proof of valid insurance can result in fines and suspension of a driver’s license following a moving violation or a crash.

An Attorney Can Help

If you have been involved in a criminal vehicular incident, you have likely already witnessed how complicated the proceedings can be. The facts and potential consequences of each case are unique, and one of the best ways to ensure you are getting justice during this trying time is by obtaining competent legal counsel from the Houston personal injury attorneys at Gordon, Elias & Seely, LLP.

The post When Does a Car Accident Become a Crime? appeared first on GES Injury Attorneys.

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