Most people think of car accidents as situations handled with insurance paperwork and maybe a trip to the repair shop. At worst, it seems like something that ends with a settlement or a lawsuit. But that’s not always how it goes. Some car accidents trigger criminal investigations—and drivers often don’t realize they’re crossing that line until it’s too late.
A crash can go from civil to criminal quickly, especially if someone is seriously injured, property is damaged, or the driver breaks certain laws. Things like alcohol, reckless behavior, or leaving the scene can turn an everyday accident into a criminal offense with life-changing consequences.
In this article, we’ll break down the difference between civil and criminal cases, explain when accidents become crimes, and what you need to know if you’re ever involved in one.
Civil vs. Criminal: What’s the Difference in a Car Accident?
Justie Nicol, Greenwood Village Criminal Lawyers of Colorado Lawyer Team explains, “The main difference between civil and criminal cases comes down to what the law is trying to do. A civil case is about making the injured person “whole” again—through money. That could mean paying for hospital bills, car repairs, or lost wages.”
These cases usually involve insurance companies, lawyers, and possibly a lawsuit between private parties.
You won’t go to jail over a civil case, but it can cost you a lot financially.
A criminal case, on the other hand, is the government accusing someone of breaking the law. It’s not just about damage or injury—it’s about punishment. If you’re charged criminally after a car accident, you’re not just dealing with insurance.
You could be facing fines, license suspension, a criminal record, or even jail time. And unlike civil cases, the consequences can follow you for life.
Not every accident becomes a criminal case. But when it involves reckless behavior, drinking, fleeing the scene, or serious harm to others, the legal system treats it very differently. Understanding where that line is—and how it gets crossed—is key to protecting yourself.
When Does a Car Accident Become a Crime?
Not every car crash results in criminal charges—but certain actions at the time of the accident (or just before it) can change everything. In the eyes of the law, it’s not just about the crash itself, but about the driver’s behavior. If you broke specific traffic laws, acted recklessly, or hurt someone while doing something illegal, your accident could turn into a criminal matter.
One of the most common triggers is driving under the influence. If you’re involved in an accident and test positive for alcohol or drugs, police will likely file DUI charges—especially if someone was injured or killed. Even if it’s your first offense, the penalties are serious.
Hit-and-run is another big one. If you leave the scene of an accident without checking on the other party or calling the police, that’s a crime—even if the accident wasn’t your fault. The law requires you to stay, report what happened, and exchange information. Running makes it worse.
Other examples include driving without a valid license or insurance, reckless driving (like speeding through traffic or ignoring signals), or texting while driving if it leads to harm. In more severe cases, like vehicular manslaughter or homicide, the charges involve someone dying due to careless or illegal driving—those are often felonies, with potential prison time.
The key thing to understand is this: once you cross the line from “accidental” to “negligent” or “illegal,” it stops being a civil matter. From there, criminal charges are a real possibility.
Criminal Charges Commonly Filed After Serious Accidents
When car accidents involve serious injuries or deaths—and especially if a driver broke the law—prosecutors often step in. Some charges are misdemeanors, but many are felonies that carry long-term consequences, explains Thomas Lane, San Antonio Criminal Defense Lawyers at Hunter, Lane & Jampala.
DUI-related injuries or fatalities are among the most common and severe. If you’re found to be driving under the influence and someone is hurt, you could face charges like vehicular assault or aggravated DUI, depending on the state. If someone dies, it could be vehicular manslaughter or even second-degree murder if the behavior was especially reckless.
Hit-and-run is also treated harshly, particularly when someone is injured or killed. Even if you come forward later, leaving the scene creates a legal problem on top of the accident itself. In most states, this becomes a felony.
Reckless endangerment, negligent driving, and fleeing from law enforcement are also common charges when a crash involves speeding, weaving through traffic, road rage, or police chases. Even if you didn’t intend to hurt anyone, the law may still hold you responsible for creating dangerous conditions.
The bottom line is this: if your driving shows disregard for safety, or if you break the law and someone gets hurt, you’re likely to face criminal charges—not just civil consequences. And once criminal charges are filed, the outcome can change your life in ways insurance never could.
How Criminal Charges Affect Civil Claims
Facing criminal charges after a car accident doesn’t protect you from being sued—in fact, it can make a civil lawsuit more likely. If someone was hurt in the crash, they can still file a personal injury claim against you, even while your criminal case is active.
These two cases move separately: the state handles the criminal side, and the injured person or their lawyer handles the civil side.
That means you could be dealing with court dates, legal fees, and pressure from both directions at the same time.
What happens in one case can also influence the other. If you’re found guilty in criminal court—say, for DUI or reckless driving—it becomes much easier for the injured party to prove you were at fault in civil court.
Civil cases have a lower standard of proof. So even if the criminal court doesn’t convict you, your actions might still be seen as negligent or reckless enough to owe damages, explains Corey Schafer, SEO Specialist at Florin|Roebig.
On the other hand, if your criminal case is dismissed or you’re found not guilty, that doesn’t automatically protect you from civil liability. It just means the criminal standard wasn’t met.
Insurance can also get complicated. Most car insurance policies won’t cover damages if the accident happened while you were doing something illegal—like street racing, driving drunk, or fleeing police.
If your insurer believes you were breaking the law, they may deny coverage entirely, leaving you to cover all costs yourself. And if you’re convicted of certain driving offenses, your rates can skyrocket or your policy might be canceled.
In short, criminal charges don’t just bring fines or jail—they can seriously impact your financial future through civil lawsuits and insurance problems.
Real Cases Where Car Accidents Turned Criminal
These aren’t just rare incidents. Across the U.S., car accidents lead to criminal charges every day—especially when drivers break laws or behave recklessly. Below are two real cases that show how fast things can escalate from a traffic crash to serious legal consequences.
In November 2021, former NFL player Henry Ruggs III was involved in a fatal crash in Las Vegas. He was driving at approximately 156 mph under the influence of alcohol when he slammed into another car, killing 23-year-old Tina Tintor and her dog. Ruggs pleaded guilty to felony DUI resulting in death and misdemeanor vehicular manslaughter.
In 2023, he was sentenced to three to ten years in prison. This case is a clear example of how drunk driving—even for a first-time offender—can carry life-changing criminal consequences.
In another recent case from June 2025, Amanda Kempton was arrested after fatally hitting Hamptons real estate agent Sara Burack and leaving the scene. Kempton later claimed she thought she had struck a traffic cone due to foggy conditions.
However, investigators linked her to the scene through damage to her vehicle and matching items found at the crash site.
She was charged with felony hit-and-run causing death—an offense that carries up to seven years in prison. Though there was no alcohol involved, the decision to flee turned a tragic accident into a serious criminal case.
These examples show that once a crash involves reckless behavior, impaired driving, or leaving the scene, it can quickly shift from a civil issue into the criminal justice system—with severe penalties.
Conclusion
Car accidents aren’t always just about insurance claims and repair costs. In many cases, they carry real criminal consequences—especially when laws are broken or someone gets seriously hurt. A single decision, like driving after a few drinks or leaving the scene in panic, can turn a routine accident into a felony with jail time, fines, and a permanent criminal record.
Understanding where civil and criminal law intersect isn’t just helpful—it’s necessary. Drivers need to know how their actions at the scene, their behavior behind the wheel, and even their words after the crash can affect both their legal and financial future.
If you’re ever involved in a serious crash, don’t guess your way through it. Stay calm, follow the law, and get legal advice early. Because in the U.S., the line between a mistake and a crime can be thinner than most people think.
