Vehicular Manslaughter and the Civil Case

Two proceedings, not one

The criminal prosecution is brought by the People of the State of California against the driver. The family is a witness and a victim, but not a party, and does not control it. The prosecutor decides what to charge, whether to offer a plea, and whether to go to trial.

The civil wrongful death action is brought by the heirs. They control it. Its purpose is compensation, not punishment.

The standards of proof differ, and that cuts both ways

A criminal conviction requires proof beyond a reasonable doubt. A civil case requires only a preponderance of the evidence, more likely than not.

So an acquittal, or a decision not to file charges at all, does not end the civil case and frequently says very little about it. Families hear "no charges" as "nothing happened." It does not mean that.

Conversely, a conviction is powerful evidence in the civil case, and a guilty plea to certain offenses can establish facts the driver cannot later dispute.

What restitution does and does not do

A criminal court can order restitution, and it is worth pursuing. But restitution is generally limited to economic losses, funeral expenses, medical bills, lost support. It does not compensate for the loss of the relationship, which is the largest element of a California wrongful death claim.

Restitution is also only as good as the defendant’s ability to pay, and a defendant in custody usually has none. An insurance policy does.

Timing

The civil case is sometimes stayed while the criminal case proceeds, particularly where the driver would otherwise assert the Fifth Amendment in a deposition.

That stay does not pause the statute of limitations. The civil claim still has to be filed within two years of the death. Waiting for the criminal case to conclude before consulting a lawyer is one of the more common and costly mistakes families make.

Punitive damages in DUI cases

California permits punitive damages against a drunk driver where the conduct amounts to malice, and driving while significantly intoxicated frequently qualifies. Those damages are pursued through the survival claim rather than the wrongful death claim.

Note that insurance generally does not cover punitive damages, which means their practical value depends on the defendant having assets.

Other defendants

The driver is often not the only party. A bar or restaurant that served an obviously intoxicated minor, an employer whose employee was driving in the course of work, a vehicle owner who entrusted the car to someone unfit, or a road authority responsible for a dangerous condition may all bear responsibility.

Those defendants frequently have far more coverage than the driver. Finding them is most of the work.