A Tennessee law that took effect July 1 expands the definition of "serious bodily injury" in the state's vehicular assault statute to include broken bones, meaning an impaired driver who causes a crash that fractures another person's bone can now face felony charges. Previously, a broken bone qualified under the general definition only when the injured person was a child. The change, enacted as Public Chapter 875, was noted by the Tennessee Senate Republican Caucus and BillTrack50 and is analyzed in a recent announcement from Patterson Bray PLLC.
The legal shift extends beyond the criminal courtroom. According to Patterson Bray PLLC, a pending vehicular assault charge can affect several aspects of a related civil injury claim under Tennessee personal injury laws. First, the usual one-year filing deadline for personal injury lawsuits extends to two years when criminal charges are brought within that first year, as provided by Tenn. Code Ann. § 28-3-104(a)(2). Second, 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). Third, evidence developed in the criminal case—such as blood test results and crash reconstruction reports—can help establish fault in a civil proceeding.
Chris Patterson, managing partner of Patterson Bray, emphasized that the two tracks operate independently. "Most people don't realize the criminal case and the injury claim run on separate tracks," Patterson said. "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." A criminal case may end in a plea deal, a dismissal, or an acquittal, yet the injured person can still pursue a civil claim. Civil cases require proof by a preponderance of the evidence, a lower standard than proof beyond a reasonable doubt. Additionally, someone who was partly at fault for the crash may still recover damages under Tennessee's comparative fault rules.
The implications for readers are significant. For injured people and their families, the expanded charge may provide additional leverage and evidence in civil negotiations, as well as a longer window to file suit. For the insurance industry, claims involving impaired drivers with broken-bone injuries may now carry greater exposure because punitive damages caps could be unavailable. For prosecutors, the law lowers the threshold for charging impaired drivers in crashes that result in fractures, potentially increasing caseloads. Patterson Bray PLLC, which has offices in Nashville and Memphis, represents injured people and families throughout Tennessee and Mississippi in car, truck, and motorcycle accidents, wrongful death, and medical malpractice cases. The firm offers free personal injury consultations and answers its phones 24 hours a day. More information about the firm's services is available through its Patterson Bray PLLC website, including details for a personal injury lawyer in Nashville, TN, a wrongful death practice, and a Tennessee personal injury laws resource. Consultations can also be scheduled online.
