Violent vehicle theft is when someone takes a car from another person using force, threats, or a weapon. This is also known as carjacking, which could look like someone forcing a person out of their car at gunpoint before driving away in the stolen vehicle. Most states treat this as a violent felony, but this depends on your location. A car accident lawyer is here to explain what happens if a person is injured in a carjacking, as these cases can often include criminal charges as well as civil lawsuits for the injuries sustained.

Criminal Consequences

Vehicle theft is considered aggravated when force or threat is used, which then may look like charges of grand theft auto, robbery, assault, battery, or use of a deadly weapon. These charges carry severe penalties, including significant prison time, fines, and even a felony record that can last a lifetime. This is for just car theft. If another person is injured during the robbery, for example, the owner of the vehicle, this can lead to enhanced sentencing, such as aggravated assault or even attempted murder, depending on how severe the incident was.

Liability

As our friends at Cohen & Cohen can attest, injuring another person during the theft can lead to being sued in civil court. This does not have to be just the vehicle’s owner. Injuries sustained by another driver, passenger, pedestrian, or even a pursuing police officer can lead to enhanced charges. Common claims include battery and assault, negligence for reckless driving, or even wrongful death. Civil liability is separate from criminal guilt. You can still be sued even if you have pending or resolved criminal charges. Judgments in these civil cases can result in wage garnishment, liens, or long-term financial obligations. These suits may also involve punitive damages, which are monetary damages a court can award to punish you for bad behavior, such as intentionally injuring another person.

The Injured Carjacker

If you are involved in a vehicle theft incident and are injured, you may wonder about your rights regarding your injuries. In most cases, those committing a violent crime cannot sue for injuries sustained during the crime. There are very few exceptions, such as excessive force by a third party unrelated to law enforcement. This is why it is best to work with an attorney, as they can determine if your case qualifies in this instance. Of course, your constitutional rights still apply, so you will receive medical care while in custody, the right to due process, and protection from cruel and unusual punishment.

Defense Strategy

You have the right to legal counsel in both criminal and civil matters. For these cases, you may need more than one attorney, as these are two very different types of law. Your legal team can assess whether your actions truly caused injuries in the case, if law enforcement followed proper procedures, and if plea deals or sentence mitigation are possible for your specific situation. Your cooperation in a case may impact your sentencing or the outcome of settlements.

If you have been involved in a violent vehicle theft case, it is essential to contact a criminal defense attorney near you for representation.