Are Car Accident Cases Civil or Criminal?

John Lucas • October 27, 2025

It’s a question we hear all the time after a crash: “Are car accident cases civil or criminal?” The short answer is that they can be either (or even both) depending on the circumstances. 


Let’s break it down in plain English, without the legal jargon.


Civil Cases Are About Compensation


Most car accident cases fall under civil law, which means one person brings a claim against another person (or their insurance company) to recover money for damages.


Here’s how that plays out in Northeastern Pennsylvania:

  • Medical bills for ER visits, surgeries, physical therapy, or long-term care.
  • Lost wages if you’re out of work for weeks or months.
  • Property damage to repair or replace your car.
  • Pain and suffering for the physical and emotional toll.


In a civil case, the goal isn’t to punish, it’s to make you “whole” again – financially – after someone else’s negligence caused harm. If a distracted driver rear-ends you at a red light in Hazleton, that’s usually handled in civil court.


Criminal Cases Are About Consequences


Now, if the driver’s behavior went beyond ordinary negligence—say they were driving drunk, texting at 90 mph, or fled the scene—things change. That’s when the state steps in with a criminal case.


Criminal cases are about punishment and public safety, not compensation. The district attorney may charge the driver with DUI, reckless driving, or even vehicular homicide if the crash was fatal. If convicted, they could face fines, license suspension, probation, or jail time.


Here’s the key difference: In a criminal case, the victim doesn’t file the charges – the government does.


Can a Car Accident Be Both Civil and Criminal?


Yes. Imagine someone drives drunk through Wilkes-Barre, causes a crash, and injures another driver. The state could pursue criminal charges for DUI. At the same time, the injured driver could bring a civil personal injury case to recover medical bills and other damages.


So if you’re asking, “Are car accident cases civil or criminal?” the answer could be “both,” depending on what happened and who was involved.


Why Legal Guidance Matters


Even in seemingly “simple” accidents, the line between civil and criminal can blur. Insurance companies get involved quickly, and evidence from a criminal investigation (like a DUI charge) can play a big role in your civil case.


At Slusser Law Firm, we know how to navigate both sides of the equation. Our team has deep local roots, and we’ve helped countless NEPA families move forward after devastating crashes. We’ll translate the legal process into plain English, stand up to the insurance companies, and make sure you’re protected—no matter how complex the case.


Because when you’re injured in an accident, you shouldn’t have to worry about whether your case is civil or criminal. That’s our job. 


We focus on the legal, so you can focus on you. Contact us today!

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