Speak with the local authorities - police, prosecutor.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
A civilian can not prosecute a criminal action. Aside from suing for money damages, all you can do is speak to the police and they can decide if there is a basis to arrest the person and charge him with a criminal act.
Make sure there has been a police report filed. If you were one of the victims, you should receive a copy of this report, and it will tell you if the driver was charged. If he was, you can call the prosecutor's office for the county in which the accident occurred, and find out the status of the case against him. That is for criminal charges, but if someone was injured, it is also possible to "punish" the defendant by bringing a civil case against him, which will make his insurance company pay for any damages.
All criminal matters are handled by the state, the police, the local prosecutors. They are normally very pro-active when it comes to catching and prosecuting any type of accident that involves an injury to pedestrians if they can show that the driver of the car is at fault. But sometimes pedestrians are at fault - they step out into the street suddenly, they cross in the middle of the street not at the corner in the cross walk, they jaywalk. So there has to be some reason to charge the driver beyond that fact that an accident occurred. But if there is, the state prosecuting authorities will normally be very aggressive in pursuing charges. The final punishment will often include getting input from the victims and their families. A civil attorney can be very helpful in guiding the victims and helping them get financial payments for their injuries and suffering. It is also important to get a civil personal injury attorney involved early on so that they can investigate the case while the evidence is fresh. Sometimes fault lies with other parties. If people are drunk, the last bar that served them drinks may be liable. If the traffic lights weren't working or the intersection was poorly designed, there may be fault with the government entity that designs and maintains the street and traffic control devices. There can be many aspects of liability in an accident case. Investigating the case early on may be vital. Certain notices may need to be filed to preserve the right to sue later on. If these people that were hit still don't have attorneys, please advice them to speak to a personal injury person as soon as possible. http://www.portlandlegalservices.com
The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.
It is up to the DA what to charge. If you were injured due to the driver's negligence, retain a personal injury lawyer. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.
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