Impaired drivers in Tennessee who cause a crash that breaks another person’s bone now face the possibility of vehicular assault charges, thanks to a law that took effect on July 1. Public Chapter 875 adds broken bones to the definition of “serious bodily injury” in the state’s vehicular assault statute, according to the Tennessee Senate Republican Caucus and BillTrack50. Previously, a broken bone qualified under the general definition only when the injured person was a child.
The change matters because it elevates what was once likely a misdemeanor or lesser charge into a felony for impaired drivers. Vehicular assault is a Class D felony in Tennessee, carrying potential prison time and lasting consequences for the driver. But the law’s reach extends beyond the criminal courtroom, affecting the civil claims that injured people may bring.
Patterson Bray PLLC, a law firm with offices in Nashville and Memphis, notes that the new definition can influence several aspects of a personal injury case. A personal injury lawyer in Nashville, TN can explain how a pending criminal charge fits alongside a civil claim for medical bills, lost income, and pain and suffering under Tennessee personal injury laws.
One key effect is on the statute of limitations. The usual one-year deadline to file a personal injury lawsuit extends to two years when criminal charges are brought within that first year, under Tenn. Code Ann. § 28-3-104(a)(2). That gives injured victims more time to pursue compensation while the criminal case unfolds.
Another effect involves punitive damages. Tennessee’s cap on punitive damages does not apply when a driver’s substantially impaired judgment caused the injury, under § 29-39-104(a)(7)(C). With broken bones now qualifying as serious bodily injury, more cases may fall under this exception, allowing juries to award larger amounts to punish egregious conduct.
Evidence from the criminal case can also bolster a civil claim. Blood test results and crash reconstruction reports generated during the criminal investigation can help establish fault in a civil trial, where the burden of proof is lower—preponderance of the evidence rather than beyond a reasonable doubt.
“Most people don’t realize the criminal case and the injury claim run on separate tracks,” said Chris Patterson, managing partner of Patterson Bray. “The prosecutor’s job is to hold the driver accountable. Nobody in that courtroom is working to get your medical bills paid. That’s what the civil side is for.”
Even if the criminal case ends in a plea deal, dismissal, or acquittal, the injured person can still pursue a civil claim. Someone who was partly at fault for the crash may also recover damages under Tennessee’s comparative fault rules, though any award would be reduced by the victim’s share of fault.
The new law thus creates a dual track for accountability: criminal charges that can lead to imprisonment and civil claims that can provide financial recovery. For injured victims and their families, understanding both tracks is essential, especially as the expanded definition of serious bodily injury may open the door to stronger civil cases and lengthier filing windows.
