Vehicular Assault or Careless Driving? Aurora Man Seriously Injured in Accident

Late on Friday, a pedestrian was hit and seriously injured in Aurora.  Information was not initially released regarding what charges, if any, are to be filed against the at fault driver.  The possible charges range from careless driving causing injury, a traffic offense, to vehicular assault, a felony.  At this time, there is still concern that the victim may not survive his injuries.  If the victim is unable to survive the injuries, then the possible charges are careless driving causing death or vehicular homicide.  It is possible that information was not initially available regarding charges because the victim’s recovery is still in question.

The driver of a mini van ran a red light at the intersection of Buckley and Quincy in Aurora.  The mini van collided with an SUV and then hit the pedestrian.  At a minimum, running a red light is careless driving.  Depending on the circumstances, it may even be considered reckless.  If the driving is considered reckless, then the driver would charged with vehicular assault, not just careless driving.  If the driver was drunk at the time, then then the driver would also be charged with vehicular assault.  If officers suspected that the driver was under the influence of alcohol or drugs or both, then the officers had the right to require a blood draw to determine whether there was alcohol or drugs or both  the driver’s system.  Analyzing a blood sample takes some time, so this may also offer an explanation as to the lack of information regarding charges.

If it is determined that the driver was only careless, then the mini van driver would be facing a traffic offense.  Careless driving causing injury or death is punishable by time in jail, but it is not a felony and is, therefore, not punishable by prison time.

Regardless of whether the mini van driver is charged with careless driving or vehicular assault, there will be consequences with DMV related to her driving privilege.