Negligent Driving Vs. Reckless Driving
The unsafe operation of a vehicle can result in a conviction of negligent driving or reckless driving. There are several similarities and differences between the two violations.
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State Laws
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Each state has its own laws that define negligent (or careless) driving and reckless driving. These laws also establish penalties for each type of conviction.
Lack of Safety
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Both types of convictions involve driving that creates an unsafe environment for the driver, his passengers, other motorists and pedestrians.
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Lack of Care
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Negligent driving and reckless driving both typically involve a lack of care for the safety of others.
Intent
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In many states, driving is considered negligent if the driver fails to exercise reasonable care for safety, but does not do so with intent to cause a hazard. If the driver willfully exercises a lack of care, the driving is considered reckless.
Gross Disregard
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Driving may also be considered reckless if the lack of care is severe. Each state defines severity differently, but the rule of thumb is that a reasonable driver would have known that he was creating a hazard.
Penalties
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Reckless driving carries stiffer penalties than negligent driving. In some states, these penalties include fines, license revocation or imprisonment.
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References
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Comments
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Richard Hastings
Dec 29, 2009
You are mixing civil law with criminal law and motor vehicle violations. If you get a ticket or are arrested by the police that involeves criminal and/or motor vehicle laws. If you are injured by the negligent or reckless conduct of another there are claimed statutory law violations of a civil nature. In either case seek the advice of a lawyer before proceeding.
