Vehicular Assault Laws

In addition to their general assault laws, many states have laws defining a specific offense that involves certain situations in which a car crash injures a person. This is often called “vehicular assault," although some states use terms such as "injury by vehicle." Vehicular assault is more serious than most motor vehicle violations. A defendant should not try to talk their way out of the situation on their own, even if they believe that they have a good explanation for what happened. Instead, they should consult an attorney who can help them navigate interactions with police or prosecutors without unknowingly harming their defense.

What Is Vehicular Assault?

Vehicular assault may be charged in certain situations when a driver's misconduct injures someone else. Covered misconduct and covered injuries vary by state.

Elements of Vehicular Assault

A prosecutor charging vehicular assault must prove that the defendant caused an injury to someone else while operating a vehicle. Many (but not all) laws require a serious injury. The defendant must have engaged in certain misconduct specified by the statute, such as DUI or reckless or negligent driving.

For example, vehicular assault occurs in Colorado when a person drives recklessly or under the influence of alcohol or drugs and thus causes a serious bodily injury to someone else. New Hampshire defines vehicular assault as causing death or serious bodily injury while using a vehicle when its negligent operation causes or materially contributes to the collision.

What Is a Serious Injury?

A serious injury often involves harm that is life-threatening or causes an extended or permanent disability or impairment. New York defines a “serious physical injury” for the purposes of vehicular assault as an injury that creates a substantial risk of death or that causes death or serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.

Examples of Vehicular Assault

Patrick agrees to race Phil down a freeway. While checking to see if he is winning the race, Patrick does not notice a slower vehicle ahead of him. He slams into the rear of that vehicle at a high speed, causing a serious spinal cord injury to an occupant.

Peter runs a red light and strikes the side of another vehicle. Someone in that vehicle loses a leg as a result. When the police come to the scene, they notice that Peter is slurring his speech and showing other signs of intoxication. A breath test reveals that his blood alcohol content is over the legal limit.

Offenses Related to Vehicular Assault

Some other charges that a driver might face in situations similar to those supporting vehicular assault charges include:

  • Vehicular homicide: could be charged when the driver caused a crash that resulted in someone else’s death
  • Reckless driving: often involves driving with a willful or wanton disregard for the safety of other people or their property
  • DUI: driving under the influence of alcohol or drugs
  • Hit and run: sometimes a driver who causes a serious crash might panic and flee the scene due to fear of getting arrested

A driver facing multiple charges might try to reach a plea bargain with the prosecutor in which they plead guilty to some charges in exchange for the dismissal of others.

Defenses to Vehicular Assault

One way to fight this type of charge involves arguing that the defendant was not operating the vehicle at the time of the collision. Perhaps they were a passenger instead. A driver also might argue that they did not cause the crash, the injury resulted from a cause other than the crash, or the victim did not suffer an injury that meets the statutory definition. In other cases, a driver might challenge the allegation of underlying misconduct. If the statute requires proof of intoxicated or reckless driving, a defendant can avoid a conviction if they were not intoxicated or reckless, even if they caused the crash.

Accident Reconstruction

A defense attorney might retain an accident reconstruction expert to analyze what happened and cast doubt on whether the defendant drove recklessly or otherwise violated the law.

Penalties for Vehicular Assault

A defendant convicted of vehicular assault generally faces a risk of at least some jail time. Here are examples of potential terms of imprisonment under selected statutes:

  • Colorado: 1-3 years if driver was reckless or impaired by alcohol or drugs; 2-6 years if driver was under the influence
  • Georgia (serious injury by vehicle): 1-15 years
  • New Hampshire: up to 1 year
  • New York: minimum term of 1-1.33 years
  • Ohio: 12, 18, 24, 30, 36, 42, 48, 54, or 60 months if driver was under the influence; 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, or 18 months if driver was reckless
  • Oregon: up to 364 days (statute covers only bicycle, motorcycle, and pedestrian victims)
  • Tennessee: 2-12 years
  • Washington: up to 10 years

In addition to jail time and fines, a defendant may face a license suspension. For example, Connecticut imposes a one-year suspension upon a conviction of second-degree assault with a vehicle, which involves causing serious physical injury due to driving under the influence of alcohol or a drug.

A defendant also may face a civil lawsuit from anyone injured in a collision for which the defendant was at fault. The standard of proof in these cases is lower than in criminal cases, so a defendant might be found liable in a lawsuit even if they are not convicted. This could leave them on the hook for a substantial amount of money, covering items such as the victim’s lost income, medical bills, and subjective pain and suffering.

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