Finding yourself injured as a result of someone else’s actions is a frustrating experience that can leave you wondering what to do next. Your focus first needs to be on the cause of the accident. There’s a clear difference between an honest mistake due to carelessness and a malicious disregard for others, and knowing this difference will help you determine your next steps.
Negligence and recklessness are often used interchangeable despite not being the same. The presence of each can impact a case heavily, with recklessness often being viewed by insurance and the courts as far more significant. Learn to distinguish between these two terms so that you can defend your case properly.
First and foremost, negligence is simply a failure to exercise the level of care that another person would reasonable do in a similar situation. To fully understand this concept, though, you must start by understanding the four key elements of negligence in law:
If each of the above is readily apparent, then negligence may be what occurred and caused the accident. Examples of negligence could be a driver failing to stop at a red light because they didn’t see, someone forgetting to put a wet floor sign down, or a person allowing their dog off leash only for it to bite someone.
Negligence can be subjective at times and difficult to prove, but it’s worth noting that it’s a necessary stepping stone to going further to prove recklessness.
On the other side of things, recklessness involves a conscious disregard of a known risk that could cause harm to others. It’s viewed as more severe than negligence because the person who committed the action was well aware of the risk yet still ignores it.
In some jurisdictions, reckless actions may lead to more severe penalties or higher damages than negligence. In the prior example, if the driver who ran the red light decided to speed up to catch a yellow rather than just missed it turning red, it could be qualified as reckless behavior. The clear distinction between the two is that, under recklessness, the dangerous consequence is seen, known, and ignored.
In cases involving negligence, the injured party needs to prove that the defendant was careless in their actions or failed to act reasonably given the situation, which then resulted in harm. For cases with recklessness, the above must be shown but ir also needs to be proven that the defendant consciously disregarded the risk.
The difference in legal outcomes is that reckless behavior, when proven, will often lead to greater compensation because of the severity of that behavior. Depending on the situation, reckless behavior could also qualify as criminal behavior and change the scope of litigation from civil to criminal.
This means that punishment for reckless behavior may go beyond fines and turn into jail time depending on the scope of the trial. Most civil suits end in settlement but, as a result of this, cases involving reckless behavior can go on for longer.
Beyond the above, there are three categories during the legal process which will differ depending on if negligence vs. recklessness is being proven:
When considering which of the two options was more likely, witness testimony will help. An eyewitness can report more on what they saw which can indicate whether one party involved seemingly demonstrated behavior which showed a disregard for others. Try to speak with witnesses after your accident and gather their contact information so that you can partner with your lawyer to get their story of what occurred.
As mentioned, proving that the actions of the defendant were reckless and not just negligent will be more difficult. To prove either, though, will require first gathering evidence to demonstrate what occurred. This can involve witness testimony, surveillance footage, accident reports, and expert opinions. On that last point, expert testimony will not be cheap, but their professional opinion can help prove that the defendants actions deviate from reasonable conduct to the point that they were reckless.
Working with a personal injury attorney to determine the best approach based on the facts of the case is always recommended as well. After reviewing the details of what happened they will be able to tell you whether the situation seems more negligent or reckless. This can save you time and ensure that you file the right lawsuit.
Both negligence and recklessness are serious matters in personal injury and, regardless of intent, the injuries you suffer matter. By choosing to pursue the right case, though, you will be able to have a better shot at pursuing compensation which matches those injuries. If you are ever unsure, reach out to a lawyer who can guide you through the specifics so that you make the right choice. Regardless, evaluate all evidence, consider all the facts, and pursue the best options based on the details of what occurred.
