Legal Question in Personal Injury in Alabama

In most accidents arrests are not made. He may have received a ticket. His criminal charge could be used to your benefit in your civil case. Feel free to contact me if you have questions.

It is unclear if you are asking whether criminal charges should have been filed against him for causing the accident, which would be probably not unless he was driving under the influence or left the scene, or if he should have been charged with a secondary citation such as no insurance, driving with a suspended or revoked DL, etc. If so, then yes he should have received a citation but the issuance of these secondary citations are often left within the discretion of the investigating officer.

Generally, criminal charges are not filed against someone for causing MVC. (Again with the exceptions noted above and possibly vehicular homicide or criminally negligent homicide.) Victims of a MVC are left to try and secure compensation through the civil justice system. This process ususlly starts with a claim against the at-fault drivers insurance company or you own auto-insurance company for medical payment benefits and/or uninsured motorist benefits.

I am including a link to our law firm's web site wherein you can order our free 24 page publication, Motor Vehicle Collisions: A Victim's Handbook - Ala ed. This handbook will provide much more details and it explains the difference between the criminal justice system and the civil justice system. I think it would be helpful for you. Good luck and I hope and pray your wife recoveries as full as possible from her injuries.

www.botelerwolfe.com or Google Boteler & Wolfe, Attorneys at Law, Mobile AL

If he was out on bond and driving with a suspended license, it's sounds as though the prosecuting attorney (district attorney) wool want to know about it, and you would think the court might consider revoking his bond. You may want to contact the DA.

Of course, as you have already been informed, this will not necessarily affect your wife's case from a civil standpoint except from a punitive aspect potentially.

Jon Lewis

Http://Www.AlabamaPersonalInjury.com