When someone causes a serious or fatal Maryland motorcycle accident, the accident may form the basis of a criminal charge against the at-fault driver. However, while judges in criminal cases can order restitution in some situations, the objective of a criminal case is not to compensate the victim for the damages they sustained. Instead, the criminal justice system is primarily concerned with punishing a defendant for violating the law.
A defendant in a criminal matter may also face a civil claim brought by those who were injured in the accident. These are often referred to as personal injury claims. Unlike a criminal case, the focus of a personal injury case is to compensate an accident victim for the damages they sustained as a result of the defendant’s conduct. Often, this includes damages amounts for medical expenses, lost wages, loss of companionship, as well as for any emotional pain and suffering caused by the accident.
When a negligent driver’s negligence or recklessness causes a fatal accident, the accident victim’s surviving loved ones can bring a Maryland wrongful death lawsuit. These claims are very similar to negligence claims except that wrongful death cases allow different types of damages, and the process of filing the case is slightly different. The takeaway is that accident victims are not limited by the state’s decision to pursue a criminal conviction against an at-fault driver, and can pursue their own claim against the motorist in civil court.