Legal Question in Personal Injury in California

The filing of the civil suit has nothing to do with a criminal case being filed. You do not tell us how long ago the accident occurred so we can not guess as to whether there will be any criminal charges. It is very unlikely that the police will come to arrest him; he would be notified by mail.

The decision whether or not to charge someone with a crime is made by the District Attorney and there are time limits depending on whether it is going to be a misdemeanor or a felony prosecution. The civil action is for damages only and must be filed within two years (unless minors involved). Sometimes a civil action is placed on hold if a person is being prosecuted criminally since the person being sued has the right not to testify why the criminal prosecution is on-going. A criminal case requires more than just negligence. It has to be gross negligence bordering on an intentional act or acts so bad, such as driving under the influence of drugs or alcohol, hit and run, or speeding so fast that it shows complete disregard for the safety of others. In most accident cases there is no criminal prosecution because liability is just based on negligence or carelessness in driving.