Tag Archives: vehicular assault

What is Vehicular Assault

The definition of vehicular assault is when another person is injured while you are driving a motor vehicle in a reckless or dangerous manner. The person who has sustained bodily harm can be a pedestrian or a passenger who is in another vehicle. Also, when another person is injured when you are driving a motor vehicle, you can be liable in civil court for any damage or injuries that occurred. You can too be charged with vehicular assault which is a criminal charge.

The grounds for vehicular assault may be different from state to state, but the grounds all center around causing injury when you are:

  • Driving recklessly or when you are driving carelessly
  • If you’re driving while under the influence of drugs or alcohol
  • If you’re driving when you have a suspended license or if your license was revoked

underage-drinkingIn some states if you injure someone while driving under the influence you can be charged with vehicular assault and causing serious bodily injury to another person. These could be considered by the state you’re in as two separate crimes, and you would be charged accordingly (find details at https://legalaed.com/dui-defense/). If you are driving while under the above circumstances and a death occurs, then the charges may change to Vehicular Manslaughter under criminal law.

If you drive recklessly or in a dangerous manner and you recognize it as such and have an accident or cause injury, you can be charged (here is more information on the subject). Your behavior was risky, and you acted in spite of and regardless of the risk. Also if you drive negligently, then that is defined as driving without exercising reasonable care or “careless driving”.

Also in some states you can be charges with vehicular assault if you are driving with a suspended license or if it’s revoked and then have a collision which can cause injury to another person. Even if you had the accident and weren’t driving carelessly or didn’t have drugs or alcohol in your system, because you were driving on a suspended or revoked license, you would be charged.

The punishment for vehicular assault can range from five or more years in prison if convicted of a felony. If it’s a misdemeanor the sentence can range from one to two years. The sentence at conviction is based on how many people were injured and how seriously, how old the person was and if you already have a criminal record.