Demaryius Thomas charged with vehicular assault

GoGATech said:
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.
Click to expand...
Lawyer up. Problem solved.
 
If he was going 70 in a 30, and someone got seriously hurt, he should go to prison for years. Shameful
 
BuzzLaw said:
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.
Click to expand...
Maybe they should change the name of the charge to "vehicular battery." Still sounds bad but not as bad as "assault."
 
BuzzLaw said:
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.
Click to expand...

It would also depend on what the exact injuries were, right? It is possible to be seriously injured and make a full recovery but yet on the other hand if there is some type of permanent injury, loss of use, etc.

It seems like with a decent lawyer he could plea down the felony criminal charge and either he (or hopefully the insurance company) settle with her on the civil side. I never heard of him getting in trouble before.
 
BuckNasty said:
It would also depend on what the exact injuries were, right? It is possible to be seriously injured and make a full recovery but yet on the other hand if there is some type of permanent injury, loss of use, etc.

It seems like with a decent lawyer he could plea down the felony criminal charge and either he (or hopefully the insurance company) settle with her on the civil side. I never heard of him getting in trouble before.
Click to expand...
The criminal case and the civil (injury) case are separate. One is guilty/not guilty. The civil case is (1) negligence, (2) causation and (3) damages.

But yeah, I would hope he could get the felony reduce to reckless driving. If he didn’t have car insurance then he’s gonna have a smaller wallet when it’s all over. It’s just a question of how much
 
BuzzLaw said:
The criminal case and the civil (injury) case are separate. One is guilty/not guilty. The civil case is (1) negligence, (2) causation and (3) damages.

But yeah, I would hope he could get the felony reduce to reckless driving. If he didn’t have car insurance then he’s gonna have a smaller wallet when it’s all over. It’s just a question of how much
Click to expand...

I get that the cases (civil v. criminal) are separate and differences exist in regards to evidence. However, if the passenger wanted maximum damages would it be in her best interest to wait until a criminal case is resolved since it would prove negligence and causation? I would imagine that once he pleas out to any traffic charge which shows recklessness, the passenger is going to have a great case in civil court. It seems at that point, I'd settle if I was a multi-millionaire. Then we're back to insurance vs. no insurance and Thomas is really going to be sorry if he had no insurance.

I'm obviously not a lawyer, but without a death or some incapacitating injury, I don't see how Colorado would benefit from pursuing a felony conviction.
 
BuckNasty said:
I get that the cases (civil v. criminal) are separate and differences exist in regards to evidence. However, if the passenger wanted maximum damages would it be in her best interest to wait until a criminal case is resolved since it would prove negligence and causation? I would imagine that once he pleas out to any traffic charge which shows recklessness, the passenger is going to have a great case in civil court. It seems at that point, I'd settle if I was a multi-millionaire. Then we're back to insurance vs. no insurance and Thomas is really going to be sorry if he had no insurance.

I'm obviously not a lawyer, but without a death or some incapacitating injury, I don't see how Colorado would benefit from pursuing a felony conviction.
Click to expand...
In Georgia, the criminal case would have no bearing if he pleaded no lo or innocent. It would not be admissible in the civil case.

If you run a stop sign and hit someone, and you get a ticket, that ticket is not admissible in the civil case unless you plead guilty or just pay it. If you go to court and plead no lo or not guilty, the fact you even got a ticket is not admissible in the civil case.

All that being said, absent crazy circumstances, like the woman being violent or something, it’s not gonna be hard to prove negligence. Most cases are fought on causation. “Yeah, it’s our fault but we didn’t cause this need for treatment, etc.”
 
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...
See, here’s classic battery:
https://247sports.com/college/georg...-arrested-on-simple-battery-charge-129632862/
 
You must log in or register to reply here.
Back
Top