Understanding your Legal Options After a Road Traffic Accident

Road traffic accidents can be life-changing, often leading to physical injuries, emotional distress, and financial difficulties. Understanding legal rights and options is crucial for those affected. Many people are unsure of what steps they can take following a collision, particularly when it comes to the distinction between criminal and civil law. These two legal areas serve different purposes and can result in separate outcomes, even for the same accident.

What is the Difference Between Criminal Proceedings and Making a Civil Claim?

Criminal Law

Criminal law cases are brought by the Crown Prosecution Service (CPS) against a person or entity accused of committing a criminal offence. In the context of road traffic collisions, this includes offences like dangerous driving, driving under the influence, speeding, or driving without insurance.

The primary objective of criminal law is to hold offenders accountable for their actions, deter reckless behaviour, and ensure public safety. The prosecution is represented by the CPS, while the accused individual is the defendant. Although victims may serve as witnesses, they do not initiate or control the case.

To secure a conviction, the prosecution must prove guilt beyond all reasonable doubt. This high standard ensures that no one is wrongfully convicted if there is any significant uncertainty regarding their guilt. If found guilty, a defendant may face penalties such as fines, imprisonment, penalty points on their driving licence, or even disqualification from driving. In addition to these consequences, a criminal conviction can serve as evidence in a related civil claim.

Civil Law

Civil claims are legal cases between private individuals or organizations. If an individual is injured in a road traffic accident, they may be entitled to bring a claim for compensation against the responsible party’s insurer.

Unlike criminal law, which focuses on punishment, civil law is designed to compensate victims for their losses. Compensation aims to provide financial support for medical expenses, lost earnings, rehabilitation, and other damages resulting from the accident. The injured party, known as the claimant, brings the case against the defendant, typically the individual or organisation deemed responsible for the accident. In most cases, the defendant’s insurance provider will be responsible for handling and paying out compensation.

The standard of proof in civil cases is the balance of probabilities, meaning that the claimant must demonstrate that it is more likely than not that the defendant was responsible for the accident. If the claim is successful, the defendant (or their insurer) will be required to pay compensation to cover financial losses, medical treatment, and other necessary expenses. Unlike criminal cases, civil claims do not result in imprisonment or other criminal penalties.

What does this mean for you?

The key distinction between criminal and civil cases is that criminal law seeks to punish offenders, whereas civil law seeks to compensate victims. Even if a driver is not prosecuted or convicted in a criminal court, it is still possible to pursue a civil claim for compensation.

If an accident was not the fault of the injured party, a civil claim can be pursued regardless of the outcome of any criminal case. A successful claim can help cover medical expenses, rehabilitation costs, loss of earnings, and other damages resulting from the accident.

What if you waited?

Many people assume they cannot make a claim if they did not take action immediately after an accident. However, UK law allows individuals to bring a claim within three years of the date of injury or from the date they became aware of their injuries and their cause.

For children, the time limit extends until their 21st birthday, allowing them additional time to seek legal recourse. For adults who lack mental capacity, there is no time limit, ensuring that vulnerable individuals are not unfairly disadvantaged.

Even if a significant amount of time has passed, it is still advisable to seek legal advice. A specialist solicitor can assess the case and determine whether compensation may still be possible. Legal professionals can also help gather evidence, liaise with insurers, and build a strong case for compensation.

How Enable Law can Help

Enable Law has extensive experience supporting those who have suffered serious injuries in road traffic accidents. With a team of dedicated legal experts, Enable Law provides guidance throughout the claims process and works to secure the compensation necessary for medical care, rehabilitation, and financial stability.

Enable Law offers no win, no fee representation, meaning that legal fees are only payable if compensation is successfully secured. This approach ensures that individuals can seek justice and financial support without worrying about upfront legal costs.

To speak to a specialist, call 0800 044 8488 or fill in the contact form here.