Late last month, a New Mexico man was killed after a motorcycle accident near Ector County. According to news reports, the driver of a Chevrolet was driving south on Loop 338, near Odessa. Evidently, the Chevrolet driver crossed the lanes into oncoming traffic. While crossing into the opposite lane, he slammed into a Harley Davidson motorcycle.
When medical personnel arrived, they immediately declared that the motorcyclist had passed away as a result of his severe injuries. The driver of the Chevrolet was transported to Medical Center Hospital, and as of the most recent report he is he still hospitalized and in serious condition. State Police are still investigating the accident to determine whether any charges should be filed.
Are Criminal Charges in New Mexico Necessary To Succeed on a Civil Suit in New Mexico?
In many situations, a car accident, especially one that results in a fatality, will lead to criminal charges against the culpable party. In some circumstances, the criminal charges are because the culpable party was driving under the influence or acting in a particularly egregious or unlawful manner. However, there are certain situations when no criminal charges are filed or when the alleged wrongdoer was found not guilty of criminal charges by a judge or jury. Although, a criminal charge and conviction makes a civil suit more likely to be successful, it is not a prerequisite.