Vehicular assault is one of the most serious driving offenses in our justice system, second only to vehicular homicide. These cases always involve injuries or death caused due to some form of an automobile accident.
What is Vehicular Assault?
Vehicular assault or homicide can be charged when someone drives while impaired by alcohol or drugs, or when someone drives recklessly causing serious bodily injury or death. If the case is charged due to a driver’s level of intoxication, then it generally becomes a strict liability crime. This means that the government does not need to prove someone was aware that their actions could cause an injury, as would be the case if someone was too drunk to remember the accident.
Does the Victim Have a Recourse?
In either case, the person charged faces felony criminal charges as well as a lengthy prison sentence, but the significant civil consequences are often overlooked. When someone is charged with vehicular assault or vehicular homicide, by definition a victim has been badly injured or even killed. Our court systems allow victims of these crimes to seek compensation in civil court.
Civil actions against a party responsible for serious injuries or death are completely separate from the criminal case. In essence, even if someone successfully defends themselves against criminal charges of vehicular assault or vehicular homicide, nothing prevents a separate case from proceeding in civil court. This case can be filed before, during, or after a criminal case has been filed.
What Can a Victim be awarded?
Two types of damages can be awarded in civil actions stemming from vehicular assaults or vehicular homicides. They are compensatory damages and punitive damages.
Compensatory damages cover the cost of actual losses. This would include medical bills, funeral arrangements, and other hard costs. Some state will allow victims of these crimes to recover compensatory damages through the criminal case. The criminal courts generally categorize these expenses under the umbrella term “restitution.” Someone would not be able to recover restitution through the criminal case, then request the reimbursement for the same expenses through the civil case.
Punitive damages are the other type of civil damages available to victims. These damages are not recoverable through the criminal case, and must come through a separate civil proceeding. These damages are allowed to go above and beyond the actual cost incurred and include reimbursement for pain and suffering of the victim, as well as punishing the person responsible for the injury.
For information on Vehicular Assault or Vehicular Homicide cases, contact an experienced Denver criminal defense lawyer today.
Thanks to our friends and contributors from Hebets & McCallin for their insight into vehicular assaults.
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