What Happens to My Injury Claim If the Other Driver Faces Criminal Charges in Florida
Corbin Sutter
Accident Lawyers
If you were injured in a crash where the other driver ended up facing criminal charges, you might be wondering whether you can still recover compensation for your injuries. Many people assume that once a driver is arrested, the civil claim becomes complicated or impossible — but that isn’t how Florida law works.A recent example here in Southwest Florida helps illustrate why this question comes up so often. In April 2024, the Florida Highway Patrol investigated a serious multivehicle collision at US-301 and Northgate Boulevard in Sarasota County. According to FHP, the at-fault driver sped through a red light, struck another vehicle, overturned, and caused a chain-reaction crash involving five vehicles. One passenger was killed, and several others were seriously injured. Troopers later arrested the driver for Vehicular Homicide under Florida Statute §782.071.
Crashes like this often leave innocent victims asking the same thing:
If the driver who caused the crash is facing criminal charges, does that affect my ability to pursue medical bills, lost wages, or a wrongful death claim? Does insurance still apply? And can a civil case move forward while the criminal prosecution is still pending?
This article explains how criminal investigations and civil injury claims work side by side — and why victims in Sarasota, Port Charlotte, Fort Myers, and across SW Florida can still pursue Victory for the Injured, even when the at-fault driver is now facing felony charges.
Many of the injured people who come to us share this exact concern.
“When a client comes to us after a crash like this, they’re usually overwhelmed,” says Attorney Brian Sutter, Board-Certified for more than 30 years. “One driver’s reckless moment can turn someone else’s life upside down. Our job is to help them regain stability.”
Criminal Charges Focus on Punishment Not Compensation
This criminal process is completely separate from your right to recover compensation through a civil injury claim. When a reckless driver is arrested, the criminal case focuses solely on punishment, deterrence, and public safety. But even the most serious criminal charges do not pay for emergency care, surgery, lost wages, or long-term disability. This is why Florida creates a separate civil process for victims.Civil Claims Focus on Recovery and Financial Stability
A civil claim allows injured people and families to pursue compensation for medical care, lost income, pain and suffering, and wrongful death damages.“We always remind clients that the civil claim is about their healing,” explains Attorney Bryan Greenberg, Board-Certified Workers’ Compensation lawyer. “It’s about securing the resources they need to get better and move forward. That’s where real justice happens.”
Florida Statute §95.11 gives victims two years to file most negligence claims. Criminal cases do not pause this deadline.
Insurance Can Still Pay Even When the At-Fault Driver Is Arrested
Many injured people fear that insurance will not apply if the at-fault driver is arrested. In nearly all cases, insurance still applies. Negligent acts such as reckless speeding, running red lights, and causing fatal injuries are still covered.“People often worry they’ll be left with nothing because the other driver was arrested,” Greenberg says. “But insurance still applies in nearly all of these situations. We make sure the insurance companies don’t take advantage of that fear.”
How Criminal Investigation Evidence Strengthens Your Injury Claim
Criminal investigations often provide detailed evidence such as black box (EDR) data, intersection camera footage, toxicology, speed calculations, witness statements, and FHP Traffic Homicide diagrams. This evidence can significantly strengthen a civil injury claim.“When FHP completes a traffic homicide investigation, the evidence they gather can be incredibly valuable,” notes Attorney Corbin Sutter. “It helps us show exactly what happened and why our client deserves full compensation.”
Why Chain-Reaction Crashes Need Special Attention When Criminal Charges Are Involved
Chain-reaction collisions like the Sarasota US-301 crash are especially complicated when the at-fault driver is criminally charged. Several insurers may dispute responsibility, liability limits may be divided among multiple victims, and EDR data from several vehicles may need to be secured quickly.“In multi-vehicle crashes—especially when one driver is being criminally charged—every detail matters,” says Attorney Brian Sutter. “We examine the impact angles, reconstruction data, and witness accounts to protect our client’s rights.”
Why Your Civil Claim Does Not Need to Wait for the Criminal Case
Your civil case can begin immediately. Your attorney can collect evidence, secure medical records, contact witnesses, and file your lawsuit without waiting for the criminal process to finish.
“A criminal case can take months or years,” Greenberg says. “But your medical bills can’t wait. Your recovery can’t wait. We move your claim forward from day one.”
Pursuing a Wrongful Death Claim After a Crash Involving Criminal Charges
When a loved one is lost in a crash involving criminal charges, families may pursue a wrongful death claim under the Florida Wrongful Death Act. Civil wrongful death cases move independently of criminal ones.
“For families dealing with a sudden loss, the legal system can feel overwhelming,” Sutter explains. “We walk with them gently and make sure they understand every step.”
Local Guidance for Sarasota Port Charlotte and Fort Myers After Criminal Crash Investigations
Our decades in Southwest Florida mean we know local roadways, investigators, and processes involved in criminally investigated crashes. This includes working with FHP Troop F and area trauma centers.
“These crashes happen on the roads we all use every day,” says Attorney Corbin Sutter. “Because this is our home, we know how to act quickly when clients need us the most.”
Important Evidence to Secure in a Florida Crash With a Criminal Investigation
Key evidence includes FHP homicide reports, photos and video, EDR data, red-light camera footage, phone records, witness statements, and full medical documentation.
“The sooner we can gather evidence, the stronger the case becomes,” Greenberg explains. “Our clients shouldn’t have to chase paperwork—we handle that for them.”
How Our Firm Fights for Victory When Criminal Charges Follow a Serious Crash
At All Injuries Law Firm, we fight every day for Victory for the Injured. Our team includes Board-Certified attorneys Brian Sutter and Bryan Greenberg, Million Dollar Advocates Forum member Corbin Sutter, and more than 35 years of local experience.
“Victory for the Injured isn’t just a slogan—it’s our promise,” says Brian Sutter. “When a client rings the Victory Gong, it means something finally went right in their life again.”
When You Need a Local Attorney After a Crash Tied to Criminal Charges
If you were injured or lost someone you love because another driver acted recklessly and now faces criminal charges, our team is here to help you regain control and move toward healing.
This local familiarity helps us move quickly when evidence from a criminal investigation needs to be preserved or requested from agencies like FHP Troop F or a county sheriff’s office.
“If someone is reading this because they’re hurting or scared, I want them to know they’re not alone,” Greenberg says. “We’ll help you breathe again and take things one step at a time.”
Call All Injuries Law Firm at (941) 625-4878 for a free consultation.
Your recovery is our mission. Your peace of mind is our priority. Your victory is our purpose.
References
Florida Highway Patrol Traffic Crash Reporting
Florida Department of Highway Safety and Motor Vehicles – Traffic Crash Reports
Florida Highway Patrol – Traffic Homicide Investigations
Florida Highway Patrol (FHP)
Florida Statute §782.071 – Vehicular Homicide
Florida Legislature – Official Statutes Search
Florida Statute §95.11 – Statute of Limitations for Negligence Claims
Florida Legislature – Official Statutes Search
Florida Wrongful Death Act (Florida Statutes §§768.16–768.26)
Florida Legislature – Official Statutes Search
Florida Crash & Safety Data
FLHSMV Crash Dashboard and Safety Data
National Highway Traffic Safety Administration (NHTSA) – Crash Investigation & EDR
NHTSA.gov – Official United States Department of Transportation Site
Centers for Disease Control & Prevention – Injury Prevention
CDC Injury Center
Insurance Requirements in Florida
Florida DHSMV – Insurance Requirements
Florida Court System – Civil, Criminal, and Appellate Resources
Florida Courts – Official Website
Florida Attorney General – Victim Rights Information
Florida Attorney General
National Safety Council – Road Safety Research
NSC.org