(October 2019) - When motor vehicle
accidents result in criminal charges, there are major implications
for related civil litigation, and coordination with the criminal
defense team is essential. Ideally (for the civil side), the
criminal case will be resolved first, thereby avoiding the
complications discussed below. Conversely, criminal defense
attorneys typically prefer to have the civil cases resolved first,
thereby enabling them to negotiate a better deal with the
prosecutor on the basis that the complaining witness has already
been made whole.
Before the criminal case is resolved, a good criminal defense
attorney will advise the driver to invoke the Fifth Amendment and
not answer any questions from the police or opposing counsel. The
reason for this is simple: once a driver waives their Fifth
Amendment right by answering any question (including questions
regarding such seemingly harmless topics as the driver's
background, training, and experience), they can be
