How to Know if a Motor Vehicle Accident is a Crime (Attorneys’ Insights)

Motor vehicle accidents are a main factor of injury and death globally. While most accidents fall under civil law, where negligence determines compensation, some can have criminal repercussions. Understanding the distinction between these two legal areas is essential, especially for a motorcycle accident victim who wants to pursue a motorcycle accident case and get maximum compensation. To know if a motorcycle accident is a crime, let a motorcycle accident attorney assess the personal injury case and seek compensation according to the law. 

Differentiating Criminal vs. Civil Cases

Elements	Civil Case	Criminal Case
Parties Involved	Involve private parties (individuals, organizations, or businesses) in a dispute. The plaintiff and the defendant	Involve the State prosecuting an individual or entity for violating criminal law.
Standard of Proof	Have a “preponderance of the evidence” standard. Plaintiff must present evidence to convince the judge that their personal injury claims are valid	Utilize a stricter “beyond a reasonable doubt” standard. Need to present convincing evidence to protect motorcycle riders from wrongful convictions
Purpose and Outcome	Aim to resolve disputes to the motorcycle accident victims. Include monetary damages (for lost wages, future costs of treatment, pain and suffering), or court orders	Lawyers focus on upholding the law and punishing offenders. Include incarceration, fines, probation, community service, or restitution (payment to motorcycle accident victims for lost income and other damages).
Procedural Differences	Less stringent. Trials can be civil jury trials or bench trials (judge-decided)	Stricter procedures. Trials are jury trials, though defendants can forfeit their right to a jury trial and hope for a bench trial.

Motorcycle Accidents and Criminal Charges

Driving Under the Influence (DUI)

In Alberta, impaired driving is a criminal offence governed by the Criminal Code of Canada. Section 253 of the Criminal Code outlines the legal aspects for DUI, with specific blood alcohol concentration (BAC) thresholds and associated penalties.

Blood Alcohol Concentration (BAC) Limits	Operating a motor vehicle with a BAC exceeding 0.08% constitutes a DUI offence.
Penalties for DUI	First-time DUI convictions result in fines, license suspension, and mandatory attendance at alcohol education programs.  Repeat offences or those involving serious injury or death lead to significant jail time and criminal charges beyond DUI.
Impaired Driving by Drugs	Driving under the influence or certain prescribed medications result in criminal charges. The law use field sobriety testing and drug recognition expertise (DRE) evaluations to assess drug impairment.

Reckless Driving and Criminal Negligence

• Speeding above the posted limit, particularly in high-risk zones, constitutes reckless driving.
• Engaging in organized competitions or street racing on public roads is a severe offence with criminal consequences.
• Ignoring traffic laws poses a significant threat and is classified as reckless driving.
• Texting while driving, using handheld devices, or engaging in other distracting activities increases risk of motorcycle crashes and may be considered reckless driving.

Hit-and-Run Accidents

Under the Criminal Code of Canada, leaving the scene of an Edmonton motorcycle accident, especially one involving serious injuries or property damage, is a crime.

• Following an accident, all drivers involved are legally obligated to remain at the accident scene, to exchange information with other drivers or parties and report the accident to the police.
• Leaving the scene of an accident is viewed as an admission of guilt and leads to harsher penalties.
• If a hit-and-run accident results in injuries or death, the charges become even more severe, including aggravated assault or manslaughter.

Wrongful Death

When an accident results in a fatality due to another driver’s negligence, wrongful death lawsuits may be filed by the deceased’s family under the Fatal Accidents Act. This is a separate civil action to recover compensation for damages such as loss of income, companionship, and funeral expenses.

Fleeing from Police

Attempting to evade a lawful police stop is a criminal offence under Section 345 of the Criminal Code. This applies to situations where a driver suspects they may be under the influence or driving without a license. Fleeing from police leads to additional charges beyond the initial traffic violation.

Failure to Remain at the Scene

The Duty to Remain

The Criminal Code of Canada (CCC) lays the foundation for criminal charges associated with failing to remain at the scene of an accident. The CCC mandates that “everyone who is the driver of a motor involved in an accident… shall forthwith” (without delay) take specific actions:

• Stop their vehicle.
• Remain at the scene of the accident.
• Provide their name, address, and vehicle registration number to the person injured in a motorcycle accident or the owner of a property damaged in the accident.
• Do a police report and provide the accident date, their name, address, and vehicle registration number.

Charges and Penalties

Leaving the scene involving only minor property damage results in a provincial traffic violation with a corresponding fine. If the accident causes serious injuries (e.g., head injuries, spinal cord injuries), it can be result in serious criminal charges. The CCC allows for charges of “failing to remain at the scene causing bodily harm.” These charges carry penalties of:

• Imprisonment
• License suspension
• Fines

The severity of the suffered injuries determines the specific penalties, the judge’s discretion, and the offender’s criminal history. In case of a fatality, the driver may face charges of:

• Criminal Negligence: Applies when the driver’s actions or inactions demonstrate a hinted departure from the standard of care of a reasonable person, resulting in death. Penalties include imprisonment for up to life.
• Manslaughter: Applies when the driver exhibits a willful neglect for the safety of others, leading to a fatality. Manslaughter convictions can result in a life sentence.

Role of Lawyers in a Motor Vehicle Accident 

Motorcycle accident lawyers deeply understand tort law, the legal framework governing motorcycle accident claims arising from MVAs. They will assess the strength of your case, identify liable parties, and gather compelling evidence such as accident reports and witness statements for a motorcycle accident claim.  Injury lawyers are adept at processing insurance policies and negotiating with the insurance company to ensure you receive the maximum possible settlement after a motorcycle crash. For personal injury cases requiring litigation, an experienced motorcycle accident lawyer can:

• Draft and file legal documents: Create pleadings, motions, and other legal documents necessary for going through the court system and a personal injury claim
• Present evidence and arguments: Effectively presents evidence gathered during the investigation and advocates for your rights in court
• Negotiate settlements during litigation: Even during a lawsuit, settlement negotiations still occur in motorcycle accident cases. Motorcycle injury attorneys ensure fair settlement for the damages and injuries sustained.

   

Prove Negligence & Seek Compensation with Personal Injury Lawyers

Determining the criminal implications of a motorcycle accident case requires an understanding of the law. While minor property damage accidents only involve traffic violations, accidents resulting severe injuries or fatalities lead to criminal charges. Opt for a legal consultation with motorcyle accident lawyers in Edmonton to assess your case, determine the right course of action, and get the right motorcycle accident compensation. Don’t go through the legal complexities of criminal cases and civil suits without legal representation; contact Sidhu Personal Injury Lawyers Edmonton today. Get a free case review from our legal team and let us secure a fair compensation.