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What Is Reckless Endangerment?
Reckless endangerment occurs when a person acts in a way that is dangerously negligent or poses a serious risk to others’ safety [1.].
“Those charged with reckless endangerment may face serious repercussions, including felony or misdemeanor charges and fines or jail time.”
Types of Endangerment
Endangerment can result from intentional or negligent actions, even if no crime was committed. Whether the danger was deliberate or accidental, victims may still pursue compensation for any harm caused.
Intentional Endangerment
Intentional endangerment is typically a criminal offense. Individuals who intentionally put others at risk can face criminal charges and may also be sued for damages. Common examples include:
- Assault
- Battery
- Reckless driving
When pursuing compensation for intentional endangerment, an experienced attorney can help assess the full scope of your claim, including hidden or future expenses.
Accidental Endangerment
Accidental endangerment involves negligence, where harm was not intended but occurred due to careless behavior. Examples include:
- Medical malpractice
- Failing to post warnings for hazardous conditions, such as slippery floors
- A distracted driver causing an accident
“In cases of negligence, liability typically must be proven. If you sustained an injury or were put in harm’s way as a result of someone else’s negligent actions, you should contact an attorney as soon as possible to begin an investigation.”
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Penalties for Reckless Endangerment in California
In California, reckless endangerment can result in several penalties, including:
- Jail Time: Offenders may face five to 90 days in county jail.
- Fines: Penalties range from $145 to $1,000.
- Driver’s License Points: Two points will be added to the driver’s DMV record.
- Increased Insurance Rates: Car insurance premiums are likely to rise.
- Driver’s Education: Attendance in a driver’s education course may be required.
If reckless driving results in injury, penalties can become more severe [2.]. Reckless driving is classified as a misdemeanor in California, and there is no distinction between reckless driving and aggressive driving. Examples of reckless driving include speeding in a school zone, drag racing, passing in no-passing zones, and driving under the influence.
A reckless driving conviction will remain on a person’s record for 10 years and can show up in background checks, potentially affecting employment and housing opportunities.
Defenses to a Reckless Endangerment Charge
In many states, reckless endangerment charges hinge on the defendant’s state of mind and whether they acted recklessly or merely negligently [3.]. While intent isn’t required, the court will evaluate if the defendant knew or should have known their actions posed a significant risk to others.
For example, if a person is shooting at a gun range and a stray bullet accidentally injures someone nearby, it may not qualify as reckless endangerment since the risk wasn’t foreseeable. However, shooting a gun in a residential backyard could result in a reckless endangerment charge due to the obvious danger.
Self-defense can also be a valid defense if the defendant’s actions were necessary to protect their life. Additionally, while injury isn’t required to prove reckless endangerment, the absence of harm may help reduce the charge or lessen the penalty.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://www.wkw.com/legal-dictionary/blog/legal-glossary-endangerment/
2. https://www.wccbc.com/punishment-for-reckless-driving-california/
3. https://www.legalmatch.com/law-library/article/reckless-endangerment-charges.html