As an injury lawyer in Denver, there are accidents that result in criminal charges that will affect a client’s personal injury claim against the negligent driver. In a recent news article, the possibility of the negligent driver not being charged with a felony raises many questions with regard to how one’s actions will affect their personal injury claim.
According to the news article, a thirty-four year old man riding a bicycle was seriously injured when a hit-and-run driver struck him with his motor vehicle in Eagle, Colorado. The injured bicyclist suffered spinal cord injuries, bleeding from his brain and required multiple surgeries. The driver of the motor vehicle, a fifty-two year old male, fled the scene of the accident, drove approximately 15 miles and reported his car damaged to his automotive dealer. He did not report the accident to police. Soon after, he was found and arrested by the police. The driver claimed he did not know he hit the bicyclist.
The driver now faces two misdemeanor charges. No felony charges have been brought. According to the injured bicyclist’s attorney, the driver will not face felony charges because he may have unknowingly suffered sleep apnea that may have caused him to fall asleep at the wheel. Therefore, a misdemeanor charge is all that he will be charged with.
A felony charge could ultimately jeopardize the negligent driver’s career as he would have to publicly disclose such a charge within 30 days of sentencing. The negligent driver is a director in private wealth management and manages more than $1 billion in assets. As stated by the injured bicyclist, the case has always been about responsibility, not money.
On September 7, 2010, a judge ruled that the case would be pled as a misdemeanor. The lesser charges now stand against the negligent driver.Personal injury law firms should be interested in the criminal process. A charge that unjustifiably results in a misdemeanor can reduce the value of the personal injury claim. This case is an example of how a criminal prosecutor’s decision directly affects an injured party’s personal injury claim.
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