What Happens to the At Fault Driver After an Accident?
After an accident, many injured people ask the same question: what is going to happen to the person who caused this? Will they face charges? Will they go to jail? Does it affect my injury case? Attorney Joebeth Bowers breaks down what actually happens next and why the answer depends on which legal system you are talking about.
Criminal Charges Are Handled by the State
When an accident involves serious misconduct, such as distracted driving, intoxication, or reckless behavior, people often assume criminal charges are automatic. In Maryland, that decision does not belong to private attorneys or injured victims.
All criminal and serious traffic charges are handled by the State through the States Attorney’s Office. Prosecutors work alongside law enforcement to determine whether charges are filed. Even if a police officer issues a citation at the scene, the case still belongs to the State, not the injured person.
If criminal charges move forward, the injured person does not control the case. You are considered a witness for the State, not a party to the prosecution. The prosecutor represents the State of Maryland, not the victim.
Do You Have to Go to Court?
If a traffic or criminal case goes to trial, the injured person may be asked to testify as a witness. The defendant or their attorney has the right to cross examine witnesses. While this can feel uncomfortable, it is part of the criminal justice process.
In most cases, Attorney Joebeth Bowers does not attend criminal court with clients because the injury attorney does not represent the victim in that forum. In more serious cases, organizations like the Maryland Crime Victims Resource Center can provide advocacy and help victims understand their rights during criminal proceedings.
The Civil Case Is Where Compensation Happens
The civil case is entirely separate from any criminal matter. This is the side of the process where injured people are compensated for medical bills, lost wages, pain, suffering, and other damages.
One of the most surprising realities for many clients is this: the person who caused the accident almost never pays the settlement personally. Insurance companies pay settlements and verdicts in civil injury cases. Even when a lawsuit is filed and goes to trial, the defense attorneys are hired and paid by the insurance carrier.
That means the outcome of the criminal case usually has little direct impact on the civil injury claim. The focus in the civil case is proving fault and damages, not punishing the at fault driver.
Why the At Fault Driver Usually Does Not Pay Personally
Insurance operates on pooled risk. Premiums from thousands of policyholders are collected, invested, and used to pay claims. Even large settlements do not result in the insurance company trying to recover that money from the driver who caused the accident.
The at fault driver may see their insurance rates increase or their policy cancelled. They may face fines, license points, or other administrative consequences. But financially, the settlement money comes from the insurer, not the individual.
This reality can be frustrating for injured people who feel the driver should be personally punished. But understanding this distinction helps set realistic expectations.
Criminal Defense Is a Separate World
Attorney Joebeth Bowers and the team at Bowers Law do not defend people accused of crimes. Criminal defense requires a different type of attorney. If someone needs a referral for a trusted criminal defense lawyer, the firm can provide one, but the cases remain entirely separate.
Public defenders may be available in some situations depending on the charge and financial eligibility. Those decisions are made by the court system, not injury attorneys.
Two Systems Running Side by Side
At the end of the day, accident cases move along two separate tracks:
The criminal system determines whether laws were broken and whether punishment is imposed
The civil system focuses on compensating injured people through insurance
Attorney Joebeth Bowers works exclusively on the civil side to make sure injured clients are protected, informed, and fairly compensated.
Final Thoughts
Questions about criminal charges are common and understandable after a serious accident. While those outcomes matter on a personal level, they are usually separate from the injury claim itself.
If you have questions about your accident, your rights, or how the civil process works, Bowers Law offers free consultations. You never pay upfront, and if the firm takes your case, you are paid before the attorney is paid.
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