When a person recklessly or knowingly does something that causes a major risk of injury to another person, it is known as reckless endangerment. If you have suffered a serious injury as a result of someone else’s reckless endangerment, you have the right to seek justice through a personal injury lawsuit.
A reckless endangerment lawyer can help you understand how to proceed. At Wagner Reese, LLP, our personal injury law firm is committed to helping victims in these scenarios with dedicated legal advocacy and protection of their rights. In this blog post, we discuss reckless endangerment and how an experienced injury accident attorney can help you recover the compensation you deserve.
Reckless Endangerment: A Legal Definition
A legal definition of reckless endangerment is when a person engages in conduct that creates a substantial risk of serious physical injury or death to another person. This individual is aware of the risks they’re taking with these actions, but carries on with the behavior regardless.
Reckless endangerment focuses on the action rather than the injury. Indiana Code § 35-42-2-2 defines a reckless endangerment charge as when a person recklessly, knowingly, or intentionally performs actions that carry a substantial risk of causing serious bodily injury to someone else. Someone who gets a reckless endangerment charge behaves with criminal recklessness, though it should be noted that reckless endangerment is the crime, while criminal recklessness is the conduct in question.
Beyond the legal jargon, the premise of this charge is that it is a complete disregard for safety. Reckless endangerment often happens in motor vehicle accidents, though it can happen in a variety of other scenarios.
Examples of Reckless Endangerment Cases
As mentioned, reckless endangerment takes many forms. To understand reckless endangerment, consider these examples:
Driving
On the road, reckless endangerment, which is different from reckless driving, happens when a person drives under the influence, particularly with passengers in their vehicle. A driver doesn’t need to be drunk to commit reckless endangerment. They may be hit with reckless endangerment charges for excessive speeding, ignoring traffic laws, fleeing from the police, or other actions that show disregard for the safety of others.
Workplaces and Businesses
An employer could commit criminal recklessness by not securing a construction site. A store owner could fail to put up a sign to warn of slippery floors. Both of these are examples of reckless endangerment.
Firearms
If a person fires a gun into the air, they may be met with a reckless endangerment charge. Every celebratory holiday, the police warn residents not to shoot guns into the air, as it can cause injury to another person. Similarly, leaving loaded firearms accessible to children is another example of reckless endangerment.
Reckless Endangerment Penalties and Consequences
The legal consequences of reckless endangerment are outlined in Indiana Code § 35-42-2-2. The penalties will depend on the classification of the charge, which can be a misdemeanor or a felony.
Misdemeanor Charges
Someone who drives recklessly or commits other reckless acts will usually have this charge as a Class B misdemeanor, with up to 180 days in jail and fines up to $1,000. A Class A misdemeanor is typically imposed when driving behaviors cause bodily injury to another person. The penalties may include up to a year in jail and fines up to $5,000. If the charge is related to driving, it’s possible for a license suspension for up to a year.
Felony Charges
When recklessness is committed while the person is armed with a deadly weapon or through serious injury caused by aggressive driving, it is a level 6 felony. Level 5 felony charges apply when a gun is fired into a crowd or a driver kills someone with their aggressive driving actions.
Understanding the Penalties and Consequences
When someone is charged with reckless endangerment, they will usually face jail or prison time. The length of time for incarceration will vary depending on whether the charge is a misdemeanor or felony.
An individual who has reckless abandon for their fellow man and receives a conviction will also have to pay fines. When driving is involved in the scenario, Indiana courts will typically suspend the driver’s license of the offender.
Those who throw caution to the wind and don’t think about the effect their dangerous behavior can cause also find that there are other consequences. When they’ve caused harm through their driving behaviors, they will see higher insurance premiums or even be denied insurance coverage.
Employers often have policies regarding criminal convictions, particularly if there are felony charges. Some offenders will lose their professional licensure while others will find it difficult to find or keep a job. These charges will be a part of their permanent records, and the far-reaching consequences of professional and personal upheaval will last a lifetime.
Another consequence awaits these offenders with personal injury lawsuits. If someone behaving recklessly has caused you injuries and damages, they can be held accountable in civil court.
Reckless Endangerment Defense Strategies
Individuals who commit criminal acts like these will certainly try to come up with any defense they can. If you were injured because someone else behaved recklessly, you will want to work with an accident attorney in Indianapolis to help you seek damages for reckless endangerment.
It will require gathering evidence promptly and documenting what happened to ensure you get the full level of compensation you deserve. Defendants and their attorneys will try to argue that their actions did not create substantial risk to challenge the charge. They may also claim they lacked intent, that it was self defense, an involuntary action, or even due to extenuating circumstances, such as fleeing a situation due to a credible threat.
On the criminal side, they will do this to escape punishment for reckless endangerment. However, in civil courts, anyone who acts dangerously or negligently can be held accountable in a case for compensation.
Role of Wagner Reese, LLP in Reckless Endangerment Cases
You could have been taking your children to soccer practice, when another driver committed criminal recklessness and smashed into your vehicle. You may have been shopping for groceries when you sustained an injury from a dangerous hazard that the owner ignored. You could even have been sitting in your backyard, enjoying time with friends and family when someone fires a gun. Bullets will eventually fall, and when they do, it’s sadly an innocent bystander who suffers.
There are many different scenarios where reckless endangerment is a factor. In Indiana, Wagner Reese, LLP, represents victims who have been harmed by another person’s reckless and negligent behaviors. We pursue compensation on your behalf by filing a civil lawsuit to help you hold the at-fault party responsible, and we do so with complete compassion and devotion to you. We help by:
Investigating and Gathering Evidence
When you contact our attorneys, we start investigating and collecting evidence promptly. The sooner evidence is obtained, the easier it is to build a strong legal argument in your favor. We compile police reports, medical records, witness testimony, and testimony from expert witnesses to present a well-rounded case.
Negotiating Your Fair Settlement
In scenarios where insurers are involved, typically for motor vehicle accidents, premises liability, and workplace accidents, we take over communications with insurance companies. Insurers notoriously look for ways to reduce settlement payouts or to deny claims made. Our team stands up to them to get you what you deserve.
Representing You Throughout the Legal Process
Whether you are at the beginning of filing your claim for your serious physical injury or the insurance company has offered a lowball settlement, our legal team takes on all aspects of your case. When negotiations with insurers don’t provide the desired results, we file a lawsuit that seeks compensation from the offending party. By preparing for trial from the start, we show our commitment to the cause of standing up and advocating for injured victims.
Courtroom Advocacy
Most cases will settle through negotiations, though when they don’t, we present your case to the judge and jury, upholding your legal rights every step of the way.
Pursuing the Full and Fair Amount of Your Damages
Individuals who commit criminal acts know full well what they are doing is wrong, and they don’t care. They have no regard for the safety of others, and when they’re faced with having to pay for their mistakes, they will try anything to get out of it. We work to make sure they don’t get away with what they have done by fighting for your medical bills, lost wages, pain and suffering, mental anguish, disfigurement, and other damages.
If you sustained an injury as a result of someone taking reckless actions, Wagner Reese, LLP can help. We represent victims in car accidents, truck accidents, slip and fall accidents, workplace accidents, medical malpractice, and more. Contact us today to discuss your case and pursue damages for reckless endangerment.
