What is the Difference Between Culpable Negligence and Negligence?
Understanding the difference between negligence and culpable negligence is not just a legal technicality, but a crucial aspect in the legal world. Negligence, in its basic form, is the failure to act as a reasonable person would, resulting in harm to another individual.
However, culpable negligence is a less often used term. Rather than a different type of negligence, culpable negligence is a heightened, more severe form. It is described as either acts that a reasonable person would expect to pose a risk of serious injury or a wanton and callous disregard for the consequences of one’s actions.
Contact the dedicated Criminal Defense Attorneys with Leifert & Leifert today to discuss your legal case.
Is Culpable Negligence the Same as Recklessness?
Recklessness and culpable negligence are not the same thing. Recklessness involves a conscious and unjustifiable disregard for a known risk. It is a higher degree of fault than culpable negligence because it involves a choice, whereas negligence is about a mistake or failure to act.
An example of recklessness is a driver operating their vehicle at an excessive speed, weaving in and out of traffic, leading to an accident that causes serious injury or death.
Culpable negligence may look like a driver who is texting while driving and causes an accident resulting in severe injury or death. However, if this scenario only resulted in minor injuries, it may be considered ordinary negligence. A dedicated Lawyer can determine whether your case qualifies as negligence or culpable negligence based on their interpretation of the facts.
What Are the Legal Implications of Negligence and Culpable Negligence?
Understanding the potential outcomes of a legal process is key to being prepared. Ordinary negligence can lead to a civil lawsuit or personal injury claim. However, if any laws were broken, such as a prohibition on texting while driving, there could be additional civil or criminal penalties.
Culpable negligence, on its own, is a serious matter that could result in criminal charges, depending on the incident. A knowledgeable Attorney can fully account for the laws and legal implications involved in your unique case.
Get in Touch With an Attorney Today to Learn More about the Differences Between Negligence and Culpable Negligence Cases
Anyone dealing with a legal issue involving negligence or culpable negligence should contact one of our dedicated lawyers today for a free, no-obligation consultation.
Our team at Leifert & Leifert understands that handling these accusations or charges can be overwhelming. We have assisted many others like you before and we are ready to help you, too. Take the first step towards getting your life back on track by calling us today. We are here to provide the support and guidance you need.