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Civil vs. Criminal Cases in California: What Accident Victims Should Know
After an accident, people often hear about “criminal charges” and “civil lawsuits” without a clear explanation of how they differ. Understanding the civil vs criminal case distinction helps you protect your rights and plan your recovery. For a deeper look at the topic, see this guide to civil vs. criminal cases.
What Is a Civil Case?
A civil case is a dispute between private parties, such as individuals or businesses. In most injury matters, the injured person (the plaintiff) asks a court to hold the at-fault party responsible for the harm they caused.
Civil cases seek compensation or a court order. They do not result in jail time.
Common examples include:
- Car accident and personal injury claims
- Property and housing disputes
- Contract and landlord-tenant disagreements
- Certain family law matters
In an injury case, damages may cover medical bills, lost income, and pain and suffering. The plaintiff decides whether to file, settle, or dismiss the claim.
What Is a Criminal Case?
A criminal case is brought by the government against a person accused of breaking the law. In California, that usually means a violation of the Penal Code or Vehicle Code. A district attorney, city attorney, or federal prosecutor handles the case.
Offenses are grouped into infractions, misdemeanors, and felonies. Penalties can include jail or prison, probation, fines, and restitution to the victim.
Defendants who cannot afford a lawyer are entitled to a public defender. The case name reads “People v. Defendant,” which reflects that the state, not the victim, is the one pursuing charges.
Key Differences Between the Two Court Systems
Who Starts the Case
Private parties file civil lawsuits. Prosecutors file criminal charges on behalf of the state.
Purpose
Civil law aims to make an injured person whole through financial compensation. Criminal law aims to punish wrongdoing and protect public safety.
Burden of Proof
Civil plaintiffs must show their claim is more likely true than not, often described as a preponderance of the evidence. Prosecutors must prove guilt beyond a reasonable doubt, which is the highest standard in the legal system.
Jury Verdicts
Criminal juries must reach a unanimous verdict. In California civil cases, a verdict can be reached when three-quarters of the jury agrees.
The Victim’s Role
In a civil case, the injured person directs the claim. In a criminal case, the victim is a witness and cannot drop charges once the prosecution begins.
When One Incident Leads to Both Cases
A single act can lead to a criminal prosecution and a civil lawsuit. Each case follows its own track, with its own rules and timeline.
Consider a few examples:
- A drunk driver causes a crash. The state may file DUI charges while the injured party sues for damages.
- A driver flees after hitting a pedestrian. Hit-and-run charges may follow, along with a civil claim.
- A fatal motorcycle crash may lead to a vehicular manslaughter charge and a wrongful death lawsuit from the family.
The result in one court does not control the other. The famous O.J. Simpson matter is a well-known example. He was acquitted in criminal court but later found liable in a civil case, largely because the civil standard of proof is lower.
Even if prosecutors decline to file charges, you can still pursue a civil claim. Evidence from a criminal investigation, such as police reports and witness statements, can also strengthen your case.
Your Rights as an Accident Victim
In Criminal Court
California’s Victims’ Bill of Rights gives crime victims important protections. These include notice of hearings, the chance to give a victim impact statement, and the right to request restitution.
However, prosecutors make the major decisions, including which charges to file and whether to offer a plea deal. Restitution also covers economic losses only.
In Civil Court
You control the process, from filing to settlement. Civil claims can also recover non-economic damages, such as pain and suffering, which criminal restitution does not cover.
For this reason, a civil claim is often the most complete path to recovery after a serious injury.
Which Court Handles Which Accident?
Most accident claims are civil matters. Here is how some common situations play out.
- Car accidents: Most are handled as civil negligence claims. Criminal charges may be added in cases involving DUI, street racing, or hit-and-run.
- Rideshare accidents: These claims often involve the driver, the rideshare company, and several insurers.
- Slip-and-fall cases: These are almost always civil. The focus is proving a property owner failed to keep the premises safe.
- Dog bites: California’s strict liability rules generally support civil claims. Criminal charges are rare and tied to severe or repeated attacks.
- Workplace injuries: These usually go through the workers’ compensation system. A separate civil claim against a third party may also exist.
Deadlines You Should Not Miss
California generally gives injured people two years from the date of injury to file a personal injury or wrongful death lawsuit. Claims against government agencies often have much shorter deadlines.
These civil deadlines run on their own clock. Waiting for a criminal case to end can cause you to miss your window to file.
What to Do If You Cannot Afford a Lawyer
Many personal injury lawyers work on contingency, which means no fees are owed unless the case is won. Legal aid organizations and local bar associations can also help with referrals and low-cost assistance.
If you were hurt in the Kern County area, experienced personal injury lawyers can review your situation and explain your options. You can also browse office locations across California to find help closer to home.
Final Thoughts
Civil and criminal cases serve different purposes, and one does not replace the other. If someone else’s actions injured you or a loved one, you may have the right to seek compensation no matter what happens in a criminal case. Speak with a qualified attorney soon so you can protect your rights and meet every deadline.