Hit-and-Run Driver Sends 2-Year-Old Boy to Hospital
Police are still searching for a man driving a white pickup truck who ran a red light, slammed into a car, jumped out of his vehicle, and fled the scene on foot.
The boy’s great-grandmother was in the intersection of Hirsch Road and Laura Koppe Road at the time of the crash. The force of the collision pushed the car into a school bus and ejected the boy from the car. Emergency responders rushed him to a nearby hospital. HPD admitted officers followed the pickup after it ran a red light previously, but denied its officers were involved in a high-speed chase.
“I want them to pay for what they did,” the boy’s grandmother said. “My baby may not be the same anymore, but we’re trusting in God that God’s gonna heal him completely.”
Hit-and-Runs in Civil and Criminal Court
More than likely, the runaway driver will never be held responsible for his/her actions in criminal court. Fewer than 10 percent of hit-and-run drivers are arrested and successfully prosecuted.
Criminal investigators usually have very little evidence at the start. That’s especially true if the driver fled on foot. Another camera, like a red-light camera, couldn’t possibly capture an image of the driver and the vehicle license plate number. Since police departments are spread so thin in terms of human resources, investigators quickly move onto other matters.
Court prosecutors don’t like these matters very much either. To them, a car crash is a civil matter between drivers and insurance companies. Punishing a driver for an “accident,” even if that driver technically broke the law, seems unfair.
Even if investigators arrest a solid suspect and prosecutors pursue the charges, instead of agreeing to a quick plea deal, a favorable outcome in criminal court usually does not help victims, who are still stuck with high medical bills and must deal with extensive pain and suffering. Only a Sugar Land hit and run accident lawyer can obtain proper financial compensation for victims. More on that below.
We should also mention the different burden of proof in criminal and civil court. Prosecutors must prove every element of an offense beyond any reasonable doubt. A Missouri City personal injury lawyer must only establish facts by a preponderance of the evidence (more likely than not).
Evidence in Civil and Criminal Court
In civil court, a little evidence goes a long way. Tortfeasor (negligent driver) identification is a good example.
Because the burden of proof is so high in criminal court, normally, a credible witness must place the defendant behind the wheel at or near the time of the crash. Such evidence is very rare, unless the tortfeasor, or a passenger in the tortfeasor’s vehicle, voluntarily comes forward.
In contrast, a Missouri City personal injury lawyer typically only needs the vehicle’s license plate number. Armed with this information, a lawyer finds the owner. It’s more likely than not that the owner was driving the vehicle at the time, especially if no one else had access to the car or truck.
Procedural evidence collection issues are different as well. In criminal court, police officers must carefully inform defendants of their Miranda rights before they ask questions. But in civil court, a lawyer or private investigator may simply start asking questions.
Criminal and civil courts do have a few things in common. For example, out-of-court settlements resolve most cases in both forums. In criminal court, an out-of-court settlement is called a plea bargain. Civil cases don’t involve guilty or not guilty pleas, so there’s no plea bargaining. Instead, the lawyers, often with the help of a mediator, focus on financial terms.
Rely on a Passionate County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Missouri City, contact the Henrietta Ezeoke Law Firm. The sooner you reach out to us, the sooner we start working for you.
Source:
abc13.com/hirsch-road-hit-and-run-2-year-old-boy-ejected-houston-police-department-hpd-chase-policy/14402052/
