In the criminal case, the state of California's prosecutor (district attorney) works to send the drunk driver to jail by proving beyond a reasonable doubt that the driver was under the influence of alcohol or drugs and that his or her actions caused the accident that caused the wrongful death. The civil case is as important, if not more important, to the family as the criminal case, as it provides monetary compensation for their loss. A civil wrongful death lawsuit against the drunk driver and his or her insurance company has a lower standard of proof compared to the criminal case: this standard is called "a preponderance of the evidence." When the evidence shows that it was more likely than not that the drunk driver's negligence (the act of drinking and driving, and not safely operating the vehicle) caused the accident they can be found liable for wrongful death. Where it is shown by clear and convincing proof that the drunk driver's conduct was reckless or carried out without regard to the rights and safety of others, punitive damages are appropriate under California law.