What is the difference between civil and criminal liabilities for a drunk driving accident?
The difference between civil and criminal liabilities for a drunk driving accident in New York is important to understand. Civil liabilities occur when a person sues another person or a company for damages due to negligence or a breach of contract. In the case of a drunk driving accident, the injured party can sue the drunk driver for medical expenses, lost wages, pain and suffering, and other damages. The drunk driver may also be liable for punitive damages if it can be proven that the driver acted recklessly or with malice. Criminal liabilities occur when a person is accused of a crime and is prosecuted by the state. In the case of a drunk driving accident, the driver may be charged with driving under the influence of alcohol, a misdemeanor offense. If the accident results in an injury or death, the driver can be charged with a felony offense, such as vehicular manslaughter or vehicular assault. In cases involving death, the driver may also be liable for wrongful death. In summary, civil liabilities are usually sought by victims of drunk driving accidents in order to receive compensation for damages caused by the driver’s negligence. Criminal liabilities are sought by state prosecutors and involve criminal proceedings and potential jail time.
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