Road Traffic Criminal Prosecutions

Mar 20, 2024

Whilst helpful in proving negligence, if a driver is not prosecuted as a result of an accident then this does not mean that you cannot claim compensation.

The standard of proof required in a criminal prosecution is "beyond reasonable doubt" This means that where there is any doubt as to whether the person is in the wrong then the criminal case may not succeed.

However, with a civil claim for damages the standard of proof is "on balance of probabilities" which is not as high a standard to prove and whilst something may not be negligent in the eyes of the criminal law then a person can be responsible in the eyes of the civil law. Civil damages will also not require corroboration and hearsay evidence can also be competent.

If you are cited as a witness to attend court in relation to a criminal matter then you should keep all of the documentation and let our solicitor know what occurred at the hearing.

If you have had an accident, even if you are unsure whether you would be able to claim compensation, contact us on 0141 354 1643 and our solicitors will investigate matters for you FREE and advise you.