Written by Parnall Law Firm reviewed by Bert Parnall
Personal injury claims allow injured victims to obtain compensation from one or more at-fault parties. An injured party must demonstrate negligence by the defendant to obtain compensation for their losses.
In personal injury lawsuits, recklessness and negligence are often used interchangeably, though they are different levels of harmful conduct. Understanding the difference between the two terms is helpful when filing a successful personal injury claim.
Negligence is the failure to act as a reasonable person would when faced with a similar circumstance. On the other hand, recklessness is when someone knowingly disregards risks to the safety of other people.
A trusted personal injury attorney in New Mexico can provide legal support in your pursuit for compensation from a reckless or negligent driver.
Negligence Definition
Negligence is a legal concept representing the failure to take reasonable care in doing something. It is the failure to exercise the level of care a prudent or reasonable person would exercise under similar circumstances.
Negligent actions are present in many incidents, including:
- Automobile accidents
- Warehouse accidents
- A slip and fall hazard in a restaurant
- Surgical errors
- A truck driver who fails to yield the right of way at an intersection
Negligent behaviors often lead to devastating physical and psychological harm and financial losses.
You need the following four elements to prove negligence in a personal injury claim:
- The defendant had a duty of care to avoid injuring others
- The at-fault party breached the duty of care
- The breach of duty contributed to your physical harm or injury
- You suffered loss as a result of the accident
Recklessness Definition
When a person acts recklessly, they do so with utmost disregard for the harmful consequences of their actions. Recklessness is a deliberate choice to put others in harm’s way.
It also involves taking risks with full knowledge of potential consequences that could cause harm to another party.
For example, someone drank ten bottles of beer and drove their car, leading to a head-on collision with a vehicle in the opposite lane. In addition to being an illegal activity, driving while intoxicated is reckless behavior where a driver disregards the safety of others.
Although recklessness falls below the standard of actual intent to commit an offense, it is classified above negligence. A driver caught speeding on a highway may be considered to have committed a negligent act.
On the other hand, a driver who hits a child while speeding in a school zone is guilty of reckless disregard for the safety of others.
Key Differences Between Recklessness Vs. Negligence
There are unique legal implications for negligence and recklessness. Recklessness is a grave offense that attracts higher penalties. Negligence occurs when someone fails to do what is ordinarily expected of them.
In both cases, a personal injury claim should fulfill the four elements of negligence. In recklessness, the at-fault party engages in extra dangerous or egregious behavior that accompanies the ordinary breach of duty.
Intent and Awareness
Display of intent has different applications when it comes to negligence and recklessness. A negligent action is not a display of intent and awareness. For instance, a cleaner might be in the process of cleaning the floor but fail to warn visitors of a potentially slippery floor.
Although the cleaner has breached the duty of care to visitors, it doesn’t necessarily display intent. Unlike negligence, recklessness borders on intent and awareness, representing more culpability.
Examples of activities that constitute intent and awareness include:
- Speeding through a residential area poses a risk of accidents to children, elderly, and other vulnerable road users
- Failure to put your aggressive dog on a leash while aware of its tendency to bite people
Burden of Proof
The injured victim has the burden of proof, a legal doctrine that requires them to establish the four elements of negligence to obtain compensation. The plaintiff must also present evidence demonstrating the defendant’s negligent act.
If the injured victim fails to fulfill the burden of proof, they may not obtain compensation from the at-fault party. The evidence focuses on the defendant’s failure to adhere to a reasonable duty of care.
Suppose a school director was made aware of a deep hole inside the playground but did not take any action to fill it or warn the students. The following day, two students who were unaware of the danger fell into the hole and sustained broken bones.
In that case, the parent of the injured victim should present evidence that the school director’s negligent action contributed to the accident. The plaintiff’s attorney can use eyewitness statements from school workers to fulfill the burden of proof.
Possible Legal Defenses
The defendant can use any of the following defenses to apportion or shift blame to an injured victim.
- Act of God: An act of God is an uncontrollable event, such as a flood or tsunami, over which the defendant lacked control.
- Consent: Although rare, an injured victim’s consent to a potentially dangerous activity may act as a form of defense. For example, athletes consent to some dangerous sports activities likely to cause injuries.
- Assumption of Risk: A defendant can claim that a victim knowingly assumed a risk associated with a specific situation.
- Comparative Negligence: A defendant may claim that the injured victim was partly responsible for their misfortune. Comparative negligence reduces the injured victim’s compensation to the extent of their fault.
How an Attorney Can Help?
A personal injury attorney offers you the following benefits to your personal injury claim:
- They have excellent negotiation skills
- Provides legal advice
- Prevent you from settling too soon
- Can speed up your claim process
- An attorney helps you make better decisions
- It provides you with peace of mind during the claim process
Get in Touch With an Experienced New Mexico Personal Injury Attorney
Suppose you sustained a severe hip fracture in a slip-and-fall accident because of a negligent property owner. In that case, you deserve compensation for injury-related losses like lost income or pain and suffering.
An experienced personal injury attorney like Parnall Law can demonstrate fault on the defendant’s part and negotiate a fair settlement value for your losses. Contact us online or at (505) 268-6500 for a free consultation or if you need more clarification about Recklessness Vs. Negligence.
