New Tennessee Law Classifies Broken Bones as Vehicular Assault for Impaired Drivers

Recent legislative changes in Tennessee, specifically Public Chapter 875, have expanded the legal definition of serious bodily injury regarding vehicular assault. As of July 1, drivers who operate a vehicle while impaired and cause a crash resulting in a broken bone now face formal vehicular assault charges. This significant update removes the previous restriction that limited this classification primarily to injuries involving children, ensuring broader accountability for intoxicated motorists across the state.

For victims, this legal shift has meaningful implications for personal injury claims. While criminal proceedings focus on state prosecution, victims may still pursue civil litigation to recover medical expenses, lost wages, and pain and suffering. Notably, the presence of criminal charges can extend the statute of limitations for civil filings from one year to two years, providing victims with more time to build a robust case for compensation.

Furthermore, Tennessee law allows for the removal of punitive damage caps when a driver's impairment leads to severe injury. Evidence gathered during the criminal investigation, such as blood test results and accident reconstruction, can serve as critical proof in civil court. Because criminal and civil cases proceed on separate tracks, victims should consult with experienced legal counsel to ensure their financial recovery remains protected regardless of the criminal trial outcome.