There are two types of accidents. The first is a genuine accident. A genuine accident is one where the cause is out of the driver’s control, such as:
- Unknown faults of the vehicle
- Tire blowout
- Medical problem
If these can be proven to be the reason of the accident, it is likely the police will not charge the driver. The other type of an accident is a careless driving accident. A car accident is defined as careless driving, or driving without due care and attention when the standard of driving falls below that expected of a competent driver. These careless actions can include:
- Changing lanes when it is prohibited
- Pulling out of a spot when it is not safe to do so
- Not taking the necessary precautions in dangerous weather conditions
- Failing to obey light and traffic signs
- Tailgating
A careless driving car accident can lead to different outcomes. One outcome is criminal charges. You can face criminal charges if:
- You were driving while intoxicated
- You were speeding when the accident occurred
- You fled the scene
If you fled the scene, the police could charge with a variety of offenses, including:
- Failure to stop after an accident
- Failure to render assistance
- Failure to exchange names and addresses
- Failure to report the accident
If the accident results in the death of pedestrian, it can be considered vehicular manslaughter or involuntary manslaughter. The key determinant in this would be if the driver had a reckless disregard of the substantial risk.
Other outcomes of careless driving are civil penalties. You could face a civil lawsuit if any passengers or other drivers suffered injuries or if there was a death caused by the accident.
If there was a death that was caused by the accident, it could be considered a wrongful death and the family of the deceased could file a wrongful death lawsuit. A wrongful death suit could consist of compensating for loss of the deceased’s support, lost companionship and funeral expenses.
No matter what the ending outcome, you will most likely have to go to court. In court, you will be proven guilty if the prosecution can prove:
- You were driving
- There was an accident
- There was damage or an injury
- You failed to stop to exchange names and addresses
The penalties associated with being proven guilty include:
- Fines
- Losing your license
- Jail time
- Criminal record
- Compensation for damage
If you have been involved in a car accident, you need an experienced car accident lawyer. De Lachica Law Firm has experience in car accidents, distracted driving accidents and truck accidents. No matter what personal injury case you are filing, the dedicated Houston injury lawyers at De Lachica Law Firm will help you receive whatever compensation you deserve.
If you or a loved one has suffered a personal injury from a car accident, de Lachica Law Firm, PLLC is committed to helping you with your personal injury case.
Contact Houston car accident injury lawyer de Lachica Law Firm, PLLC today.