Legal Question in Criminal Law in North Dakota
Wrongfull death
If a car driver is driving a car 40 mph over the posted speed limit and gets into an accident and the passenger of the car is killed can the driver be sued in civil court even if the states attorney decides not to file charges. Also is there anything that can be done to make sure that the states attorney does press charges if the driver admits to speeding over three times the speed limit.
1 Answer from Attorneys
Re: Wrongfull death
The driver can be sued regardless of whether he is prosecuted, though only the passenger's estate or her immediate family (or anyone else injured in the accident) would have standing to bring such a suit. Note that it is possible that the accident was not the driver's fault, even though he was speeding.
There is no way to force the prosecutor to pursue the case. If she doesn't want to prosecute she probably has good reasons; the same factors might also make it difficult to win a civil case against the driver.
Related Questions & Answers
-
Suport of foreign organizations is it illegal to financially support foreign... Asked 5/26/07, 2:49 am in United States North Dakota Criminal Law
-
Theft On what grounds should I being cnvicted of theft? Asked 5/19/07, 11:01 am in United States North Dakota Criminal Law
-
Lie Under Oath I am a university professor who filed a complaint against his... Asked 5/15/07, 2:48 pm in United States North Dakota Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
