Last updated: October 16, 2026
The police report says the driver who hit you was arrested for DUI. Now you’re getting mail from two places: the prosecutor’s office and an insurance adjuster. You’re wondering which one pays your hospital bill.
That’s the difference in civil vs criminal liability. A criminal case is the state against the driver, and it can end in jail. A civil case is you against the driver, and it ends in money. Only the civil side is built to pay you.
The short answer: Criminal liability means the state proved a crime beyond a reasonable doubt, and the punishment is jail, fines, or probation. Civil liability means you owe money for harm you caused, proved “more likely than not.” One crash can lead to both, and a “not guilty” verdict doesn’t end your injury claim.
What is the difference between civil and criminal liability?
It comes down to who brings the case and what it’s for. The state brings a criminal case to punish a crime. You bring a civil case to get paid for your losses. The proof is different too. A criminal jury must be near certain, while a civil jury only needs to find your side more likely true.
| Criminal liability | Civil liability | |
|---|---|---|
| Who brings the case | The state, through a prosecutor | The person who was hurt |
| What it’s for | Punishing a crime and protecting the public | Paying the injured person for their losses |
| How sure the jury must be | Beyond a reasonable doubt | More likely than not |
| What the losing side faces | Jail, probation, fines, a criminal record | A judgment to pay money |
| Who controls the case | The prosecutor. The victim is a witness. | You and your lawyer |
| Does the injured person get paid? | Only limited restitution, if ordered | Yes. That’s the whole point. |
What does civilly liable mean?
Being civilly liable means a court found you legally responsible for harm to someone else, so you owe them money. It isn’t a crime, and it doesn’t mean “guilty.” Most civil liability comes from carelessness. A driver who runs a red light and hits you is civilly liable, even though they never meant to hurt you.
So the civil liability meaning is simple: you caused harm, so you pay for it. In injury law, it’s almost always about carelessness. Read more in what a duty of care is.
What does criminally liable mean?
Being criminally liable means the state proved you committed a crime. The punishment can include jail, probation, fines, and a record that follows you. Every person charged in Washington is presumed innocent, and a jury can’t convict unless the state proves each part of the crime beyond a reasonable doubt.
That rule is RCW 9A.04.100. The person charged also has constitutional protections a civil defendant doesn’t, like the right to stay silent. The victim doesn’t file the case. The prosecutor decides what to charge and whether to make a plea deal.
How is the burden of proof different?
The burden of proof is how sure the jury must be, and the two bars are far apart. A criminal jury must be convinced beyond a reasonable doubt. A civil jury only needs to believe your side is more likely true. So a driver can be found not guilty in criminal court and still be liable in civil court.
How sure the jury has to be (illustration)
Can one crash lead to both a criminal and a civil case?
Yes. One act can break the law and also hurt a person, so two separate cases can follow. The state may charge a drunk driver with DUI. Separately, you can bring a civil claim for medical bills, lost pay, and pain. Double jeopardy doesn’t stop this, because a civil claim isn’t a second criminal trial.
| What happened | Criminal case? | Civil claim? |
|---|---|---|
| A driver looks at a phone and rear-ends you | Maybe a traffic ticket, no crime | Yes. The most common injury claim. |
| A drunk driver crosses the center line and hits you | Yes, the state can charge a crime | Yes. Two cases, one crash. |
| Someone punches you in a road rage fight | Yes, assault is a crime | Yes, assault is also a civil wrong |
What can a criminal case pay you?
Less than you’d think. If the driver is convicted, the court usually orders restitution for losses that are easy to price, like treatment costs, lost wages, and property damage. But restitution doesn’t pay for pain and suffering, and it depends on the driver being able to pay. Your civil claim can cover what it leaves out.
| Source | What it can pay | What it leaves out |
|---|---|---|
| Criminal restitution | Treatment costs, lost wages, property damage | Pain and suffering, other losses hard to price |
| Crime Victims Compensation (L&I) | Some medical care and lost wages | Requires a gross misdemeanor or felony, reported to police within 1 year, claim within 3 years |
| Your civil claim | Medical bills, future care, lost earning power, pain and suffering | Limited mainly by the insurance available |
The same law says restitution doesn’t limit your civil remedies, so you can get both. The civil claim is usually paid by the at-fault driver’s insurer. See what damages you can recover.
Do you have to wait for the criminal case to end?
No. The two cases are separate, and the result of one doesn’t decide the other. Waiting can hurt you, because evidence fades and the civil deadline keeps running. In Washington, you usually have three years from the injury to file a civil lawsuit. The criminal case often moves first anyway.
That deadline is RCW 4.16.080. When we take a case like this, we follow the criminal case but don’t wait on it. See the statute of limitations for car accidents.
- Get medical care and keep every record.
- Get the police report number and the officer’s name.
- Ask the prosecutor’s victim advocate how the criminal case is going.
- Write down your losses: bills, missed work, and how you feel each day.
- Don’t give the other driver’s insurer a recorded statement.
- Check your own PIP coverage for early medical bills.
What if you’re the one being sued?
A civil claim against you isn’t a criminal charge. If you caused a crash, your own liability insurance usually defends you and pays up to your limits. Shared blame matters too. If the injured person was partly at fault, their payment goes down by their share, but they can still recover.
That rule is RCW 4.22.005. Read being sued for a car accident in Washington.
FAQ
Civilly liable vs criminally liable: can you be one and not the other?
Yes. A civil jury only has to find it more likely than not that you caused the harm. A criminal jury must be convinced beyond a reasonable doubt. So the same facts can lead to “not guilty” and “liable.”
Does a criminal conviction mean I’ll win my injury claim?
It can help, but it doesn’t settle the civil claim by itself. You still have to show your injuries and losses.
Is a civil case a crime?
No. That’s the key point of civil vs criminal liability: a civil case asks one person to pay another for harm. No one goes to jail for losing one.
Who pays a civil judgment after a crash?
Usually the at-fault driver’s insurer, up to the policy limits. Above that, the driver can owe the rest personally.
What does No Win, No Fee mean?
You pay nothing up front. Our fee comes out of the money we win for you. No hourly bills. No retainer. If we don’t win, you owe us nothing. Not even the case costs.
Talk to Rich about your injury claim
Hurt by a driver who broke the law? The criminal case is about punishment. Your civil claim, the other half of civil vs criminal liability, is about you. Rich Martin has handled more than 2,000 injury cases in 28 years, and he’s taken more than 30 to a jury. He’ll handle yours himself.
We help people in Bellevue, Seattle, Tacoma, and across Washington. Your case review is free. No Win, No Fee. We speak English and Korean.
Call (425) 635-2000 or see how we handle injury cases.
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