Vehicular Assault: What It Is And Its Penalties (2025)

What Is Vehicular Assault?

The exact vehicular assault definition often varies by state. However, vehicular assault — sometimes called “injury by vehicle” — usually involves two key elements:

• The victim was injured (many states stipulate that the car accident injury must be severe)
• The driver was engaged in misconduct that seriously endangered the well-being of others

Each state’s laws clarify what kind of misconduct distinguishes vehicular assault from an ordinary accident causing injury. Some states specify that you must have been driving recklessly or under the influence of drugs at the time of the accident. Others stipulate that you must have been driving negligently at the time of the accident and that your negligent operation directly caused the accident.

A higher degree of negligence on your part or more severe injuries to the victim may lead to more severe penalties. If the victim dies from their injuries, your charge may be upgraded to vehicular homicide.

An Example of Vehicular Assault

Imagine you’re behind the wheel. You pull up at a traffic light and see a friend in the next lane. The road ahead looks clear, so you decide to race to the next light. The speed limit is 35 miles per hour, but you’re driving at least 70.

Suddenly, you see a car make a right turn onto the road ahead of you. You cannot stop in time, and you cause a rear end collision. The other driver suffers devastating injuries. In this instance, vehicular assault is likely to be the appropriate charge. You weren’t just speeding — you were street racing while driving double the speed limit.

Common Situations That Lead to Vehicular Assault Charges

Depending on where you live, the following situations involving auto accidents could lead to assault charges.

Driving Under the Influence

If you’re in an accident while driving under the influence of drugs or alcohol and you cause any type of injury, you can be charged with both a DUI and vehicular assault. These are separate crimes that carry different penalties.

Additionally, all states have zero-tolerance laws for those under 21. Anyone under that age who has a blood alcohol concentration level of at least 0.02% and who gets into an accident that results in an injury can be charged with a DUI as well as vehicular assault.

Causing Serious Bodily Injury

Accidents that involve serious bodily injury can result in vehicular assault charges. It’s important to understand what “serious bodily injury” means. This term applies to injuries that are permanently disabling, life-threatening, result in the loss of an organ or limb or cause permanent scars. Internal injuries and broken bones are typically included in this definition.

Driving Recklessly or Carelessly

If you drive recklessly and cause an accident in which someone suffers an injury, you can face vehicular assault charges. Reckless driving involves operating a motor vehicle without regard for the safety of everyone else on the road.

In some states, driving carelessly, which means being in some manner negligent while behind the wheel of a vehicle, could also result in a vehicular assault charge. For example, suppose that you’re texting while driving and cause an accident in which someone breaks a bone. In certain states, reckless driving can be charged as a felony, and you could even face criminal assault charges due to your carelessness.

Driving Without a Valid License

In some states, you may be charged with vehicular assault if you cause serious injuries in an accident while driving without a valid license. This may apply if you’ve never obtained a license or if it was suspended or revoked. You can be charged even if you were not driving under the influence or operating the vehicle recklessly or negligently.

Hitting Pedestrians, Motorcycle Riders or Cyclists

You can also face a vehicular assault charge in some states if you hit a cyclist, biker or pedestrian and it results in an injury. That’s the case if you injure a passenger on a motorcycle, too. Oregon is one of these states.

Is Vehicular Assault a Felony?

Depending on your state, the circumstances of your case or both, vehicular assault may be a misdemeanor or a felony charge. Some states have a tiered sentencing system with more than one level of vehicular assault, with the highest level being a felony and the lower levels being misdemeanors.

If you have been charged with vehicular assault, the importance of thoroughly understanding your charges and their potential consequences cannot be overstated. The right attorney can explain your charges and develop a customized defense strategy.

In some cases, if you’ve been charged with a felony, your attorney may be able to negotiate a plea bargain where you plead guilty and are charged with a misdemeanor instead.

How Long Is a Vehicular Assault Sentence?

Penalties for vehicular assault can vary significantly depending on your state. In some states, someone convicted of vehicular assault may spend less than a year in jail. In other states, they may spend more than a decade in prison. Most states also impose license suspensions and fines.

In many states, penalties are more severe for drivers who were intoxicated at the time of the crash. Other factors, including the degree of recklessness and the severity of the victim’s injuries, may also play a role in determining your sentence.

Can You Face Civil Penalties After a Vehicular Assault Charge?

If you’re charged with vehicular assault, your criminal case may not be the only court case you’re involved in. An injured victim may file a civil car accident lawsuit against you as well. In lawsuits like these, injured people often attempt to recover compensation for losses like these:

• The cost of medical treatment
• The income they lost while recovering
• Loss of future earning potential
• Pain and suffering

For very severe injuries, lawsuit settlements can be hundreds of thousands of dollars or even more. If you have car insurance, your insurance should pay the compensation for you — at least up to your policy limit. If the injured person’s losses exceed your policy limit, they may go after your assets as well.

If you’re convicted of vehicular assault, the plaintiff will likely have an easier time winning their case. However, it’s possible for you to be acquitted of the crime and found liable in civil court.

Civil court has a lower standard of evidence than criminal court. Instead of proving your guilt beyond reasonable doubt, the plaintiff in a civil case must show that you are more likely to be liable than not.

Have You Been Charged With Vehicular Assault?

Being charged with something as serious as vehicular assault can be scary and overwhelming. However, you don’t have to go through the process alone — and you shouldn’t have to. An experienced attorney may be able to guide you through each step and maximize your chances of a positive outcome.

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