Vehicular Assault Viral Video: Negligent Driving or Criminal Intent

Car accidents occur frequently, but could the actions in this video be considered vehicular assault?

The video shows two cars driving down a road, one behind another. A motorcyclist comes from behind them and enters the left lane to pass them. He successfully passes the first car, but when he tries to pass the second, the driver swerves out of his lane to cut off the motorcyclist, sending him tumbling along the road.

Both cars stop. The driver in the back confronts the driver who hit the motorcyclists. “What were you doing?” he asks.

“I don’t care,” the first driver responds.

His actions make us wonder, is this bad driving or vehicular assault?

What is Vehicular Assault?

Vehicular assault happens when a driver uses their vehicle to threaten and harm someone. For instance, deliberately injuring a person with a car is considered vehicular assault.

Negligent driving can also be considered assault. For example, if a driver speeds excessively and injures someone, authorities may charge them with vehicular assault. Similarly, if a driver under the influence or without a license injures another person, they may also face assault charges.

How Do You Prove Vehicular Assault?

There are several factors to consider in proving vehicular assault, as follows:

• Willful Act: The prosecution must prove that the driver acted willfully and committed an act any reasonable person would know could potentially cause harm.
• Deadly Weapon: The vehicle in question must be established as a lethal weapon due to its potential to cause injury or death.
• Direct Contact: The driver must have operated their vehicle in a way that could directly impact another person.
• Great Bodily Harm: The activity could have resulted in great bodily harm, including life-threatening injuries, permanent scars, and amputations.

The driver who hit the motorcyclist committed a willful act, which is apparent when he states, “I don’t care.” This statement also proves his negligence.

He used his car as a deadly weapon and made direct contact with the victim. Fortunately, the victim does not look too injured, and that could reduce damages. However, the intent to injure was there.

Possible Damages

Not all states classify vehicular assault as a separate crime. Some states assess the extent of injuries in an accident to determine the punishment for at-fault drivers. In these states, the assault is an aggravating factor rather than a distinct crime.

In some states, authorities may charge drivers with serious crimes separately. For instance, a driver who drives under the influence and hits another party could face charges for both DUI and vehicular assault. In negligence cases like these, the injuries must be extensive to warrant a vehicular assault charge.

However, if the driver deliberately injured another person on the road, authorities may charge them with vehicular assault regardless of the extent of the injuries.

Possible Punishments

People who commit vehicular assault may face felony or misdemeanor charges, depending on the extent of the victim’s injuries.

If the victim suffers extensive injuries, the driver may face felony charges, leading to high fines and significant jail time. If the injuries are minor, the driver will face lower fines and potentially some jail time.

The driver may also have their license suspended and may have to take some remedial driving classes.

Authorities can also charge drivers with offenses related to vehicular assault. For example, if a driver drives dangerously but doesn’t injure anyone, they could face aggravated assault charges. If their dangerous driving kills someone, they could be liable for vehicular homicide.