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What Is the Difference Between Negligence and Recklessness?

Getting hurt in a personal injury accident due to another person’s actions can turn your life upside down. You or a family member may be hurt, unable to work, and facing extra expenses through no fault of your own. You likely need to consider consulting a Texas personal injury attorney, but you’re not sure you have enough information about pursuing your case. A good place to start is knowing the difference between negligence and recklessness.

At The Law Giant, Personal Injury & Accident Lawyers, we understand how upsetting dealing with the aftermath of an accident can be. For years, we’ve helped clients in your situation get back on their feet by fighting for the compensation they deserve. To schedule a free consultation of your case with The Law Giant, contact us today at (866) 523-4167.

Negligence vs. Recklessness

The legal concepts of negligence and recklessness are found in both criminal and civil law. Pursuing compensation for damages from your accident is a civil matter between private parties. On the other hand, the state is responsible for bringing any criminal charges related to an automobile crash if they are warranted. For example, if the other driver was operating their vehicle under the influence of alcohol and caused an accident, criminal charges would be filed.

When vehicles collide, however, a citation will likely be issued at the scene. Or no tickets will be issued, because who’s at fault is unclear. In the end, a civil matter will be how you pursue damages after a personal injury accident.

Someone acts negligently when they’ve behaved in a manner where they should have known there was a risk that some harm might occur. The person acting negligently doesn’t have to know with certainty that the actions will cause harm, only that they could. People owe others a duty to drive safely and follow the rules of the road. If someone fails to look both ways before pulling into a busy intersection and causes an accident, that’s negligence.

To prevail in a claim for damages, our personal injury attorneys will gather the facts of your accident to show that the other driver owed you a duty of care, that duty was breached, harm occurred, and the driver’s negligence caused you that harm.

Under Texas law, recklessness occurs when a person is aware of a substantial risk that certain harm may occur from their actions, but they acted that way, regardless of the consequences to you and others. The risk is so great that it represents a departure from what a reasonable person following the law would do. An example is driving over 100 mph during a storm, or being behind the wheel while drunk or drugged.

The personal injury attorneys at The Law Giant, Personal Injury & Accident Lawyers must know all the details of your situation so they can determine if the other driver acted recklessly. If there is evidence of this, you may be entitled to additional damages.

Contact The Law Giant for Help

Once you’ve suffered injuries in an accident caused by another person’s negligence or recklessness, there is no undoing it. There is, however, a way for you to receive compensation for the damages you suffered. The Texas personal injury attorneys at The Law Giant, Personal Injury & Accident Lawyers have helped clients rebuild their lives after devastating accidents by securing money for medical bills, lost wages, and other related expenses.

If you or a family member has been hurt due to the negligence or recklessness of another, you need to reach out to our firm today. To schedule a free, initial evaluation of your case, call (866) 523-4167 today, or reach out through the online form.

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