Car Accident Guide: Recklessness vs. Negligence

Did you know that many people are injured yearly in car accidents? These accidents come with a variety of injuries, from minor to life-threatening.

Negligence and recklessness have a lot in common, and they can actually be very difficult to tell apart. They both occur when a responsible party acts without care, concern or heed, putting themselves and others in danger.

If you’ve been in a car accident and are unsure about their concept, check out this guide to recklessness vs negligence and learn what to look for.

The Legal Definition of Recklessness vs Negligence

The legal definition of recklessness serves as a more specific and serious breach of duty of care than negligence. To determine recklessness, an individual must act regardless of the risk of harm to another. This disregard for the potential for harm shows certain malicious intent, and negligence does not entail malicious intent.

Furthermore, whereas negligence requires that the person is unaware of the risk, recklessness requires that the person is aware of the risk. A judge or jury may infer recklessness from the person’s conscious disregard of known risks. This can range from high speeds while driving to failing to apply the brakes in a particular situation. 

The Impact on Personal Injury Cases

Injury caused by a reckless driver may include broken bones, head trauma, and even wrongful death. Injury from a negligent driver could cause minor or more serious vehicle damage, whiplash, or other physical injury. In both cases, the driver may be liable for damages they have caused.

A car accident lawyer linked here can provide guidance and legal help on how to successfully win a negligence or recklessness case. A successful case could mean the plaintiff wins compensation for any losses incurred.

The Punishment

The punishments after determining negligent driving and reckless driving depend on the severity of the incident. Reckless drivers can face hefty fines, points on their license, loss of license, or even jail time. Negligent drivers, on the other hand, may be charged with a misdemeanor or face community service, fines, and a suspended license.

In more severe cases, they may get jail time. In both scenarios, it is likely that the drivers will have to attend traffic and driving school. Depending on the severity of the incident, hospital bills for victims may have to be paid by the offending driver.

There may be an effect on insurance premiums, and the person may end up losing their job. This is why it is important to always exercise caution whenever you get behind the wheel.

Recklessness vs Negligence: Learn the Difference

In conclusion, recklessness vs negligence may have differences. Yet, both lead to harmful consequences. They are commonly used as causes of action in personal injury cases.

You should strive to be safer at home, at work, and in the community, and be conscious of your own safety as well as that of those around you. If you’ve experienced physical harm due to someone’s recklessness or negligence, contact a qualified attorney to discuss your legal options.

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