If you were harmed, or a loved one was killed, as a result of a person's reckless/negligent behavior, you would want to see justice meted out. Of course, there are two ways you may see this come about, one way being a conviction to a criminal charge, and the other would be a settlement through a civil litigation. There are some basic things you need to know about both.  

Criminal Charges  

When it comes to criminality, mens rea or what is known as "guilty mind" is usually an important aspect of a case. In a case of recklessness, the line between non-criminal recklessness and criminal recklessness can be very hazy. A person's intent could be hard to demonstrate by the evidence. If person involved does not have a history of violent, reckless, or otherwise criminal behavior, and did not show a strong disregard for other's safety, a prosecutor may be reluctant to charge them with anything.  

That being said, there are two things a prosecutor will look at: 1. Was the harm to other persons and/or property substantial?  2. Could the risks that the person took in this incident be considered reasonable by the standards of the community?  If the prosecutor believes that members of a jury would see the risks the defendant took as outrageous, unjustifiable, or inexcusable, they will proceed with charging the defendant. They may also be swayed by that person's past conduct as well.  

You might ponder these two examples:  

• The defendant was driving too fast on slick roads and collided with another vehicle. The other driver was seriously injured or killed. The defendant had a good driving record prior to the incident and was unimpaired at the time.  
• Now, what if the defendant did the same thing, but was driving with a BAL (Blood Alcohol Level) higher than the state allows, and this was their third violation?  

In the first instance, the person would be much less likely to face a serious charge because aside from driving too fast for the circumstances, they were acting reasonably. In the second instance, the person was not only being reckless by driving too fast but had the added elements of being impaired, and showing a pattern of reckless behavior as evidenced by the prior charges.  

If a person is convicted of criminal negligence that caused you harm, a judge may order the defendant to pay restitution as part of their sentence, and a conviction would also improve the chances of you prevailing in civil court.  

Civil Action  

One of the first things you will want to do is consult a personal injury attorney when you are injured and/or have property damage due to another's actions. These questions cover the main four elements (duty, breach of duty, injury, and causation) that are important in a civil case:  

1. Did the person have a duty to act in such a way as to prevent injury? From the previous example, it could be surmised that the defendant had a legal duty to drive slower on a slick road, and not be impaired in any way.   
2. Did this person breach this duty in some way? The driver did not adjust their rate of speed for changing weather conditions and was proven to have been intoxicated.  
3. Did this negligent behavior cause you substantial physical, emotional, or financial injury? In this example, you sustained serious injury, were unable to work, your vehicle was totaled, and your life was altered by the accident.  
4. Is there a direct link between the person's actions and your injuries? Yes, your injuries were definitely the result of the defendant's unwise actions and negligence.  

Besides liability and loss, your lawyer will be interested in the defendant's ability to pay a judgment. This is so because they may represent you on a contingency basis (which means their fee is contingent on you receiving a settlement), and preparing for a case can be quite expensive. If the defendant has insurance that would cover an accident or has assets, then your case would be worth pursuing.   

Final Justice

If a person acts in a manner that society would find unreasonably negligent or reckless, they may face criminal charges in criminal court. Also, if you can prove they caused you significant injury due to being negligent in their duty to act safely and responsibly, you can seek compensation for your damages. In these two ways, you may see some justice. If you have questions, contact a criminal attorney like Dimeo Law Offices.