I was involved in a car accident six months ago. A vehicle had gone through a red light and struck the car I was driving. After the accident, the driver told police that she deliberately went through the red light in order to hit my car. The police gave a ticket at the scene for reckless driving. I have since been asked to show up to criminal court to testify against this driver. Initially the prosecutor told me they might charge the driver with vehicular assault. However, I have learned that the offending driver entered a plea of not guilty by reason of insanity. I am unsure what will happen to the criminal case. But will the alleged insanity plea affect my personal injury case against the driver?
The answer is a resounding no. Civil Cases look at a person’s actions, not their intent.
Criminal Law
Criminal violations have two traditional elements: (1) the criminal act itself (actus reus) and (2) a guilty mind (mens rea). Normally, people infer the guilty mind from a person’s actions. However, criminal law recognizes an affirmative defense of insanity. So if a criminal defendant can show that they did not understand the difference between right and wrong, then the defendant is not held criminally liable.
Civil Law
Civil law is not as generous. In civil cases (like a personal injury law suit), the court will only consider the acts of a defendant. The standard of conduct is the same for all defendants: “a reasonably prudent person.” So whatever was going on inside the head of the driver that struck your car, it does not matter. If a “reasonably prudent” driver would not go through a red light and strike your car, then they are liable for your damages. Williams v Hays, 143 NY 442, 38 NE 449 (1894) and Albicocco v Nicoletto, 11 AD2d 690, 204 NYS2d 566 (2d Dept 1960).
As you can see from the dates on the cases cited, this has been a longstanding legal principle. There has been some criticism about this legal principle from judges and academics over the years, but until our Court of Appeals changes its mind and reverses itself, that is the applicable law.
By James Santner, Esq.
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