LOS GATOS DRIVER ARRESTED FOR DEATH OF BICYCLIST, AND COULD BE RESPONSIBLE TO FAMILY OF VICTIM IN CIVIL CASE (Part 2 of 2)
Even though the criminal civil court systems are completely separate, there may still be some overlap in certain cases. For example, a person facing a criminal case for murder could also be sued by the victim’s family for wrongful death. The evidence that is used in the criminal case may be used in the civil case, and vice versa. However, just because someone is found not guilty in criminal court does not mean that they will be free from liability in a civil court. The two courts differ because of the degree of proof that they require—criminal court requires that the jury or judge finds the defendant guilty beyond a reasonable doubt, and the civil court only depends on whether the court finds that there is liability with a preponderance of evidence (over 50%).
On February 2, 2010, Joshua West was killed as he rode his bicycle through the intersection of Lark Avenue and Garden Hill Drive in Los Gatos. The SUV driver was Kevin Derr, who allegedly sped through the intersection and lost control. Witnesses have told police that they watched as Derr sped into the right turn lane, went up onto the sidewalk and hit West, then continued through the intersection where he hit the base of a traffic light. After investigating the accident, police determined that Derr’s driving was grossly negligent because of the weather conditions and the fact that he did not intend to make a right hand turn.
Derr was injured and taken to a hospital; West was the single father to a 7 year old girl. Derr now faces charges of vehicular manslaughter, and may also face a civil lawsuit by West’s daughter and other family members. Even though West’s daughter is still a minor, she can still file the lawsuit, likely through a legal guardian or a family member. If you have been in a similar situation in which you were injured in a car accident, or you had a family member killed by a motor vehicle, then you should call the lawyers of Greenberg & Rudman LLP for a free consultation of your case. We work on a contingency fee basis, which means that you do not pay costs or fees unless we win the case for you. You can reach us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation. Go to www.alawpro.com to read more.
Want to learn more about civil and criminal courts? Then go to Part 1: OVERVIEW OF COURT SYSTEM AND PROCESS—CONSULT WITH SAN FRANCISCO CIVIL PERSONAL INJURY LAWYER (Part 1 of 2)
