Alamo Wrongful Death and Personal Injury Attorney J. Gonzalez
by Benjamin Treviño | February 27th, 2026 | Blog, Personal Injury, Wrongful Death
Does a finding of criminal negligence establish proof of civil negligence?
Yes, a finding of criminal negligence typically establishes civil negligence. This is because criminal negligence meets and exceeds the lower standard of care required for a civil claim. The crucial point is that the two processes are legally distinct and serve different purposes.
Comparing Criminal Negligence and Civil Negligence
Threshold of Proof
Proving criminal negligence requires showing a “gross deviation” from the standard of care expected of everyone. Civil negligence only requires showing a failure to exercise “ordinary care.”
Because the criminal standard is higher, a criminal conviction can often serve as strong evidence of fault in a civil lawsuit. This is a doctrine known as negligence per se.
Negligence per se
Negligence per se is a legal term that establishes a defendant as automatically negligent if they violate a statute or regulation designed to protect public safety. Instead of proving a “reasonable person” standard, the plaintiff must only show the law was broken, they are in the protected class, and the violation caused their injury.
Burden of Evidence
Criminal cases must be proven beyond a reasonable doubt (the highest legal standard). Civil cases only require proof by a preponderance of the evidence.
Drinking while drunk is against the law and is viewed as a clear breach of the duty of care that every driver owes to others. DWI makes it easier to establish liability in civil cases, as the impairment directly causes accidents. Leaving the scene of an accident, or hit-and-run, is also a violation of the law, and typically establishes civil liability.
Crucial Point
A plaintiff can still win a civil lawsuit even if the defendant is acquitted (found not guilty) of criminal negligence. Since the civil burden of proof is much lower, a jury may find that while the defendant’s actions weren’t a “crime,” they were still “careless” enough to warrant paying damages.
Contact the J. Gonzalez Law Firm
If you believe you have a civil claim against a defendant who is also facing a criminal charge related to the same case, you’ll want the J. Gonzalez Law Firm on your side.
Our team of expert personal injury and wrongful death attorneys have local experience, proven results, and a client-first approach to recover the compensation you deserve. You can get a free, no-obligation consultation, and pay nothing until we win your case.
Contact us anytime of day or night via this website or by calling 1-800-CAR-CRASH.
Woman charged in fatal hit-and-run crash
By: Benjamin Treviño
A judge denied bond for a woman arrested in connection with a fatal crash in Alamo.
Paola Monserrat Reyes is charged with intoxication manslaughter. She is accused of driving while under the influence, hitting and killing a 20-year-old man, and fleeing the scene of the crash.
The victim is identified as Elian Ramses Ramirez.
The crash occurred at around 2:30 a.m. Wednesday in the 1000 block of Sioux Road.
According to a news release, Reyes was driving east on Sioux Rd. near Tower Rd. when her vehicle struck Ramirez, who was operating an electric bicycle. She did not stop to render aid, the report said.
A short time after the accident, Alamo police officers encountered a disabled gray 2022 Toyota Camry at the intersection of South Tower Road and Ridge Road, with Reyes standing nearby.
According to the news release, Reyes told the officers that Ramirez had thrown a bottle at her vehicle which caused her to hit the curb. The news release added that Reyes showed signs of being intoxicated and that her car showed signs consistent with a hit-and-run crash.
Reyes was arrested and remains in the Hidalgo County Jail where is being held without bond.