Demaryius Thomas charged with vehicular assault

What an overblown headline.

Speeding, lost control and passenger got hurt.
 
andrew said:
But he was literally charged vehicular assault, so I don't see how you can call the headline overblown.
Click to expand...

If Thomas hit a pedestrian or another car and hurt someone then I'm all aboard. But the events could have been exactly the same had he been in the car by himself.
 
00Burdell said:
If Thomas hit a pedestrian or another car and hurt someone then I'm all aboard. But the events could have been exactly the same had he been in the car by himself.
Click to expand...

Okay...but he was charged with vehicular assault, as the headline says. It didn't embellish or overblow anything.
 
Vehicular assault is the charge in Colorado when an injury occurs because of careless/reckless driving. The headline isn't wrong, but that's definitely a misleading name for the charges.
 
Passenger wants to press charges for the injuries she received as a result of BeyBey's reckless driving. Somewhat misleading name for the charge but when you think about it, it's actually accurate.

If she is able to win a criminal case, she has a cake walk to a big settlement in a civil suit.
 
Danny Heatly killed a passenger in Atlanta driving 80 mph on Lenox Road. Charged with 1st degree vehicular homicide, plead guilty, and served 3 years probation. I wonder what he had to pay the family of the victim? I think it was a teammate, so a lot of career money potential there.
 
Architorture23 said:
Passenger wants to press charges for the injuries she received as a result of BeyBey's reckless driving. Somewhat misleading name for the charge but when you think about it, it's actually accurate.

If she is able to win a criminal case, she has a cake walk to a big settlement in a civil suit.
Click to expand...
What are her injuries? She doesn’t necessarily have a cake walk to a big settlement. Also the article says he didn’t have insurance. What the hell? Whatever is gonna be paid is gonna have to come out of his pocket.
 
BuzzLaw said:
What are her injuries? She doesn’t necessarily have a cake walk to a big settlement. Also the article says he didn’t have insurance. What the hell? Whatever is gonna be paid is gonna have to come out of his pocket.
Click to expand...

This all assumes there are some real injuries, of course. The criminal conviction would make the civil liability a slam dunk, no? Then it's just a matter of how much $.

The insurance charge might just be a no proof of insurance thing. Not sure.
 
BuzzLaw said:
What are her injuries? She doesn’t necessarily have a cake walk to a big settlement. Also the article says he didn’t have insurance. What the hell? Whatever is gonna be paid is gonna have to come out of his pocket.
Click to expand...

He didn’t have the insurance ID in the vehicle
 
Can’t believe no one is wondering why he was driving a Ford Edge!?!
 
No PROOF of insurance. Different than no insurance. He just didn't have the card.
 
Architorture23 said:
Passenger wants to press charges for the injuries she received as a result of BeyBey's reckless driving. Somewhat misleading name for the charge but when you think about it, it's actually accurate.

If she is able to win a criminal case, she has a cake walk to a big settlement in a civil suit.
Click to expand...
I still don't think the name of the charge is accurate. The literal definition of assault is "make a physical attack on." I seriously doubt he was trying to attack his passenger. The charge should just be called reckless driving. The article also says "minor injuries." I doubt minor injuries would likely carry much weight in a civil suit, especially if he/his insurance paid any medical bills. But if he is found "guilty of vehicular assault," it just seems like that phrasing over his head could help favor the plaintiff in a civil case.
 
GoGATech said:
No PROOF of insurance. Different than no insurance. He just didn't have the card.
Click to expand...
Or he had no insurance. Could be either.

Maybe he was reckless and intentionally caused injuries, maybe one of the passengers is fishing for a paycheck. Could be either.

Bottom line: pointless to speculate or make assumptions until the trial or settlement.
 
Architorture23 said:
This all assumes there are some real injuries, of course. The criminal conviction would make the civil liability a slam dunk, no? Then it's just a matter of how much $.

The insurance charge might just be a no proof of insurance thing. Not sure.
Click to expand...
Looking back at the article, it does say the woman has serious injuries.

I don’t know about the laws in Colorado, but in Ga you can’t get the criminal conviction into evidence unless it’s a guilty plea. However, if he’s driving recklessly (70 in a 30 mph), he can be subject to punitive damages.

If he was drunk or high, then he may have an argument she accepted the risk. He may also have a defense that another rider was acting in a way that caused the need to speed.

But, yeah, generally, you are correct. There’s just no such thing as a slam dunk case for plaintiffs getting loads of money in my opinion.
 
ibeeballin said:
He didn’t have the insurance ID in the vehicle
Click to expand...
GoGATech said:
No PROOF of insurance. Different than no insurance. He just didn't have the card.
Click to expand...

Yeah I guess that’s possible. Hope y’all are right.

GoGATech said:
I still don't think the name of the charge is accurate. The literal definition of assault is "make a physical attack on." I seriously doubt he was trying to attack his passenger. The charge should just be called reckless driving. The article also says "minor injuries." I doubt minor injuries would likely carry much weight in a civil suit, especially if he/his insurance paid any medical bills. But if he is found "guilty of vehicular assault," it just seems like that phrasing over his head could help favor the plaintiff in a civil case.
Click to expand...

Historically, assault was always the threat and battery was always the physical contact. They’ve obviously expanded the definitions over time to incorporate more actions into the crime.
 
You must log in or register to reply here.
Back
Top