Vehicular Assault Defense Attorney

Can I be charged with vehicular assault if the accident wasn’t my fault?

Yes — but the prosecution must prove that your actions caused the crash that resulted in serious bodily injury. Causation is a critical element in every vehicular assault case. If another driver was primarily at fault, road conditions played a role, or mechanical failure contributed to the collision, those facts can significantly weaken the state’s case.

Accident reconstruction, vehicle data, surveillance footage, and witness statements often become central in determining fault. Even in DUI-based cases, the prosecution still must establish that impairment and your driving conduct directly caused the injuries.

What if the other party caused part of their injuries?

Comparative fault and medical causation issues frequently arise in vehicular assault cases. For example, if a passenger failed to wear a seatbelt, delayed medical treatment, or had a pre-existing injury that worsened after the crash, those facts may impact the prosecution’s ability to prove serious bodily injury was directly caused by your actions.

Challenging medical evidence is often a key part of the defense strategy in these cases.

What if no one went to the hospital after the crash?

Immediate hospitalization is not required for prosecutors to file vehicular assault charges. However, the law requires proof of “serious bodily injury,” which typically involves substantial risk of death, serious permanent disfigurement, or long-term impairment.

If injuries were minor, delayed, or inconsistent with the crash dynamics, that can become a powerful defense issue. Medical records and expert testimony often determine whether the injury legally qualifies under Colorado law.

Is a plea deal possible in vehicular assault cases?

Yes. Depending on the strength of the evidence, a vehicular assault charge may be reduced to a lesser felony or misdemeanor offense. In some cases, negotiations may involve reckless driving, DUI, or other related charges.

However, because vehicular assault is a felony, prosecutors often approach these cases aggressively — especially when serious injuries are involved. Early intervention and strategic negotiation can make a significant difference in the outcome.

Can I lose my license before trial?

Yes. If your case involves DUI allegations, you may face administrative license revocation through the Colorado DMV, separate from the criminal court case.

This means you could lose your driving privileges well before your felony case is resolved. You typically have a limited time to request a DMV hearing after arrest. Acting quickly is critical to protecting both your license and your defense strategy.