Losing a family member in a car accident is devastating enough on its own. When the crash also involves circumstances like impaired driving, reckless driving, or fleeing the scene, families often find themselves navigating two separate legal processes at the same time — a criminal case against the driver, and a civil claim for their own loss. Understanding how these two tracks relate to each other can make an already difficult time a little less confusing.
Two Separate Cases, Two Separate Purposes
The criminal case is brought by the State of Maryland, not the family. Its purpose is to determine whether the driver broke the law — for example, through charges like vehicular manslaughter or a DUI resulting in death — and to impose penalties like fines, license consequences, or incarceration if convicted.
The civil wrongful death claim is brought by the family (or the estate, through a survival action) and seeks financial compensation for the family’s loss — not punishment of the driver. These are legally distinct actions with different standards of proof: criminal cases require proof “beyond a reasonable doubt,” while civil claims require the lower “preponderance of the evidence” standard.
For a full breakdown of the difference between a wrongful death claim and a survival action, see our Wrongful Death page.
How the Two Cases Can Affect Each Other
- Evidence often overlaps. Police reports, toxicology results, and accident reconstruction findings gathered for the criminal case frequently become important evidence in the civil claim as well.
- Timing can differ. A criminal case may move on a different timeline than the civil claim, and in some situations, families and their attorneys will consider how developments in one case may affect strategy in the other.
- A criminal conviction can strengthen a civil claim, though it isn’t required — a family can pursue a wrongful death claim regardless of whether criminal charges are filed or result in a conviction.
Why Having Both Perspectives Matters
Most personal injury firms don’t also practice criminal defense — and most criminal defense firms don’t handle wrongful death claims. Because Houlon Berman practices in both areas, we’re able to understand how a pending criminal case is likely to unfold and factor that into how we build the civil claim, rather than treating the two as unrelated matters.
What to Do in the Days and Weeks After
- Seek support for yourself and your family first — legal steps can wait a few days if you need them to.
- Avoid giving a recorded statement to any insurance company before speaking with an attorney.
- Ask your attorney to request preservation of evidence (police reports, dashcam or traffic camera footage, vehicle data) early, since some of it may not be retained indefinitely.
- Understand that you are not required to wait for the criminal case to conclude before pursuing a civil claim, though your attorney can advise on timing specific to your situation.
For the specific damages and filing requirements involved in a car accident wrongful death claim, see Car Accident Wrongful Death Claims: What To File.
Talk to Houlon Berman
If your family is facing this situation, we’re here to help you understand both sides of what’s ahead — the criminal process and the civil claim. Consultations are free.
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