If I get into an accident, can I be charged with a crime?

If you get into a car accident, do you have to worry about getting charged with a crime or going to jail? Here is what you need to know.

Car Accidents and Criminal Charges

In Michigan, car accidents can lead to criminal charges under certain circumstances, particularly when a driver’s actions are deemed reckless, negligent, or intentional. There are various types of criminal charges individuals might face. This blog provides guidance on the steps they should take if they find themselves in such a situation.

Criminal Charges Resulting from Car Accidents

In criminal law, various charges can arise from incidents involving accidents, especially if they result from negligence, recklessness, or intentional wrongdoing. Here are six charges that could lead to criminal accident charges:

Operating While Intoxicated (OWI)

Driving Under the Influence: If a driver is found to be under the influence of alcohol or drugs, they can face charges for Operating While Intoxicated (OWI), even if they didn’t cause an accident. If an accident occurs and the driver is intoxicated, charges can escalate.

Enhanced Penalties: If there’s serious injury or death as a result of an accident involving an intoxicated driver, charges can include felony OWI, OWI causing injury, or OWI causing death.

Reckless Driving

Reckless Driving Causing Injury or Death: Reckless driving—defined as willfully disregarding the safety of others—can be elevated to a felony if it results in serious injury or death. This might include excessive speeding, racing, or aggressive driving behaviors that lead to an accident.

Potential Penalties: A conviction for reckless driving causing death can result in up to 15 years in prison, and for reckless driving causing serious impairment, up to 5 years.

Negligent or Careless Driving

Careless Driving: While generally considered a civil infraction, careless driving can result in criminal charges if it involves a fatality or serious injury and shows a disregard for safety.

Civil Infraction Causing Death: Any civil infraction that causes a death or serious bodily injury, whether due to an accident or not, is a misdemeanor punishable by up to one year or 93 days, respectively.

Leaving the Scene of an Accident (Hit and Run)

Hit and Run with Injury or Death: In Michigan, it is illegal to leave the scene of an accident, especially if it involves injury or death. This offense can lead to misdemeanor or felony charges, depending on the injuries’ severity. A hit-and-run resulting in serious injury or death can result in a prison sentence of up to 15 years.

Fleeing and Eluding Law Enforcement

Resulting in an Accident: If a driver attempts to flee from law enforcement and causes an accident, they can face additional charges for fleeing and eluding. This can be further elevated if the incident leads to injury or death, carrying more severe penalties.

Penalties: Fleeing an eluding causing death is a felony punishable by up to life in prison. If a serious injury results, the felony is punishable by up to 15 years.

Criminal Charges Resulting Car Accidents

Potential Consequences of Criminal Charges

Felony and misdemeanor criminal charges resulting from a car accident can lead to jail, probation, fines, and also collateral consequences such as license sanctions and civil lawsuits.

Fines and Imprisonment: Criminal charges related to car accidents in Michigan can lead to significant fines, imprisonment, and a permanent criminal record.

License Suspension or Revocation: Criminal charges, particularly those involving OWI or reckless driving, can result in the suspension or revocation of driving privileges.

Civil Lawsuits: Criminal charges can also lead to civil liability, where victims of an accident may seek damages in a separate lawsuit. A conviction or plea might be admissible evidence in a civil lawsuit.

Defenses to Criminal Charges Resulting from an Accident

An accident doesn’t necessarily result in criminal charges. A skilled defense lawyer can develop a defense strategy if a driver is charged with a crime. Some defenses include the following:

Challenging Evidence: Defenses might involve questioning the validity of sobriety tests, the accuracy of accident reconstruction, or eyewitness accounts.

Lack of Intent or Negligence: Arguing that the actions did not amount to negligence or recklessness required for the specific criminal charge.

Medical Emergencies or Mechanical Failures: In some cases, medical issues or vehicle malfunctions might be cited as contributing factors to the accident.

What to do if you’re under investigation or charged after a car accident.

If you’re under investigation for a car accident in Michigan, here are some steps you should consider:

Contact an Attorney: It’s essential to consult with a precharge criminal defense attorney experienced in Michigan traffic and criminal laws. They can guide you through the process, protect your rights, and ensure you don’t unintentionally say anything that could harm your case.

Understand Your Rights: You have the right to remain silent and not incriminate yourself. Avoid speaking with law enforcement or insurance representatives without your attorney present.

Collect Evidence: Gather any evidence related to the accident, such as photos, witness contact information, and details of the event. This information can be useful for your attorney when building your defense.

Document Injuries and Damages: If anyone sustained injuries, document them and seek medical attention promptly. Also, keep records of all related expenses, including repairs and medical bills.

Cooperate but Cautiously: While you should not obstruct the investigation, it’s wise to let your attorney handle any communication with police officers. This ensures that your rights are protected and that nothing you say is misconstrued.

Insurance Notification: As required by your policy, inform your insurance company about the accident. Your attorney should help with this communication.

How LEWIS & DICKSTEIN, P.L.L.C. Can Help!

LEWIS & DICKSTEIN, P.L.L.C. has a wealth of experience defending clients facing criminal charges related to car accidents. Whether it’s an accusation of reckless driving, vehicular assault, or OWI, our skilled and experienced defense lawyers understand the complexities of car accident-related criminal cases. If you are under investigation for an incident involving a car accident, the attorneys at LEWIS & DICKSTEIN, P.L.L.C. can be invaluable in protecting your rights. Our firm can guide you through the investigation process, advising you on handling questioning and ensuring your rights are protected. Involving the firm early may prevent charges from being filed altogether or ensure a more favorable outcome. Our team is here to help protect your rights and provide expert guidance. Contact us today for a free consultation, and let us put our experience to work for you.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.