Proportionality in States of Mind- Not Just a New York Thing

Hooray for Billy Joel.

I know I haven't dealt with civil negligence yet. It's more complicated, and it's more useful for most people. It gets its own series.

As a general matter, the law sees liability as

criminal > civil

and

knowledge/intent > recklessness > criminal negligence > civil negligence > strict liability

because theoretically in the legal field, "It's an accident!" is supposed to mitigate a lot of your punishment (or on the other hand, the remedies that are available to you as the person wronged). Speaking in generalities, then, it's always good to have an idea where you fall on this scale, and if you can make a case that you weren't reckless, but merely negligent, you may be able to talk your way down out of something. Reckless driving, or driving in a way that willfully endangers others, carries maximum penalties of up to 3 months in jail and $500 in fines. The maximum penalties for careless driving, however, are a $200 fine and 15 days in jail. The insurance surcharges and DMV points are also correspondingly greater for reckless driving.