On September 12, 2013, a New York City driver reportedly hit the accelerator instead of the brake as he pulled into a parking space. The result: he ran over 5 teenagers standing on the sidewalk. Fortunately, none of the teens was seriously injured. But, to the shock of many, officials announced they did not intend to press charges in what they considered a purely accidental incident.
Many immediately jumped to the conclusion that this meant the driver would face no consequences for this accident. That, however, is not true. Even if an act is not criminal, one can often be held civilly liable for the same incident.
Sources said that the 40-year-old driver was going shopping and was trying to pull into a space when he accidentally hit the gas instead of the brake. He remained on the scene and was not expected to be charged, because authorities believed the accident was just that.
However, even accidents may leave one open to civil liability. If, as here, one made a mistake, they may still be liable for negligence. In essence, the driver owed a duty to pay attention and operate the vehicle responsibly. But, by losing concentration and stepping on the wrong pedal, the driver breached that duty. The injuries to the teens were caused by that breach of duty, and their injuries should be paid for by the party most capable of preventing the harm in the first place: the driver. Thus, the driver faces possible civil liability for the accident.
In practical terms, the driver's insurance is likely to pick up most or all of the tab for these injuries.
But, in legal terms, this will only occur because of the driver's liability. Indeed, should the insurance fail to cover the cost of the teens' injuries, the driver could still be personally liable. In either event, the driver may become virtually un-insurable or, at the very least, his rates will likely go up significantly.
To have been criminally liable, however, the state would have had to show either intent or wanton and willful negligence on the part of the driver. There was no evidence that the driver intentionally ran over the teens, and all accounts are that the negligence involved was simply an accident, not gross negligence. As a result, there would be no basis for criminal liability even though there is one for civil liability.
If you or someone you know has been involved in an accident, you should consider contacting an attorney. Even if criminal charges will not be involved, the civil penalties may be severe. Whether the victim of the accident or the one who caused it, legal representation will be invaluable to ensuring that your rights are protected.
