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Blog Reckless Endangerment: A Legal Definition
Request a Free ConsultationUpdated October 17, 2024 | By Wilson Kehoe Winingham staff
Injuries that could have been prevented or avoided are some of the most unfortunate. You may have a case for compensation if you sustained an injury or were almost injured because someone else put you in harm’s way. Whether that individual did so intentionally or unintentionally, you may be able to pursue damages for endangerment if their actions led—or could have led—directly to harm or injury. Reckless endangerment is a criminal offense that can apply in auto accidents, assaults, medical malpractice, and many other situations that involve injuries.
Consulting with the experienced personal injury attorneys at Wilson Kehoe Winingham can help you understand your rights and navigate the legal process to seek the justice and compensation you deserve. Additionally, collecting evidence promptly and documenting all related expenses can strengthen your case and improve your chances of a successful outcome.
Reckless endangerment is a criminal offense when a person acts dangerously or negligently, putting others’ lives at risk. Those charged with reckless endangerment may face serious repercussions, including felony or misdemeanor charges and fines or jail time.
Endangerment encompasses more than just committing crimes; it can also refer to certain cases of negligence. Whether the victim was put into danger intentionally or by accident, they may still have a case for compensation.
Intentional endangerment is usually a crime. A person who intentionally endangers another may face criminal charges and may be sued for damages by their victim. Examples of intentional endangerment include:
While crimes rarely leave any ambiguity about who is responsible, you may want help from a lawyer when determining the amount of benefits you should pursue. Experienced attorneys may be able to inform you of certain obscure or future expenses you weren’t previously aware of.
Unintentional or accidental endangerment generally involves negligence. A person who may not mean any harm can still endanger another person through careless actions or inaction. Examples of this type of endangerment include:
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. We can help you demonstrate why you deserve financial compensation.
While reckless endangerment and reckless driving may sometimes overlap, these terms are not used interchangeably in Indiana. As previously mentioned, reckless endangerment can include any actions that directly endanger another individual.
Reckless driving is a term used for motorists that are putting others in danger by driving in an aggressive or careless manner. To better understand the difference, let’s look at three different examples.
Example 1: An Indiana resident is at a Fourth of July celebration and decides to shoot their handgun into the air during a fireworks show. Even if they are not shooting illegally, they are endangering other individuals at the celebration because those bullets will eventually fall back to the ground. This is an example of reckless endangerment that does not overlap with reckless driving.
Example 2: An Indiana motorist is driving alone on the highway very late at night. They are going 30 miles per hour over the speed limit and weaving between lanes with no signal. They drive past an officer who pulls them over and finds out that they are driving under the influence of alcohol.
Instead of charging the driver with multiple traffic infractions, they may use reckless driving as a catch-all to indicate the dangers that were present. Although this could also be considered endangerment, the officer has discretion to arrest the driver on reckless driving charges if nobody was harmed.
Example 3: If everything from the second example was the same except the driver had a child in the backseat of their car, they would be charged with reckless endangerment. The punishment for reckless endangerment is more severe than reckless driving and a judge will choose one or the other depending on the circumstances.
Indiana has laws to try and prevent residents from driving dangerously on the road. Reckless driving by a first-time violator can be a Class B misdemeanor of up to $1,000 in fines and 180 days of jail time. License suspension is also possible for up to a year.
For passing a school bus, an offender can face a Class A misdemeanor of up to $5,000 in fines and a year in jail, as well as possible license suspension.
Individuals who commit criminal recklessness while armed with a deadly weapon or by causing serious injury to another person when driving aggressively can be charged with a level 6 felony. Level 6 felonies can result in a jail sentence between six months and 2.5 years with a fine up to $10,000.
Individuals who commit criminal recklessness by shooting a firearm into a location where people are likely to gather or by causing another person’s death while driving aggressively can be charged with a level 5 felony. Level 5 felonies can result in a jail sentence between 1-6 years and a fine up to $10,000.
These penalties are outlined within Indiana Code 9-21-8 of Indiana State Law.
Further legal issues can occur if the reckless party is in the process of trying to immigrate to the United States. If they are not a U.S. citizen, a reckless endangerment conviction can completely alter their status within the United States. Additionally, a charge of reckless endangerment can also affect someone’s reputation, job prospects, and limit their chances of receiving financial aid.
Although Indiana has solid punishments for those who drive recklessly, these repercussions do not help you (the victim) get back on your feet. If you are looking to recover financial damages reach out to our team for legal assistance.
WKW’s Indiana personal injury lawyers has been recognized and rewarded for their work. Three of our attorneys have been named to the Indiana Super Lawyers list, two of whom have been included in the Top 10 Indiana Super Lawyers list.
Randy Erickson2024-08-16 Our Father died from a fall due to negligence at the facility he was at for rehab. Our family is grateful for Kent Winingham and Maria Dicken for their support and dedication to our case. Kent has a thorough knowledge of Indiana laws and prepared a successful case. They answered all of our questions and kept us informed during the entire process. Our family would highly recommend WKW. Rachael Stone2024-07-16 Kent and Maria were absolutely amazing to work with!!! You can tell that they genuinely care about you and your family and the case. They take time to explain everything to you in words that you will understand. And they did AMAZING with our case and fought hard for our family and won. Thank you so much for all you guys did for our family, especially in a time of sadness!!! I highly recommend Wilson Kehoe Winingham you definitely will not be disappointed at all! DAVID RUSSELL2024-07-12 “ Kent Winingham and his Paralegal Angie were there to assist my Son and I throughout the entire process from start to finish in two different cases. Kent and his staff helped us navigate the unique challenges that presented themselves in these particular cases. Kent and his staff was thorough, diligent, and professional, handling our cases in a timely manner. Kent and his staff were patient with us and communicative at all times, involving us in every step. I highly recommend Atty. Kent Winningham and his staff at Wilson Kehoe Winingham. Ron Bryan Sr2024-06-04 Nice people to talk to and work with. Would recommend to anyone needing a good law firm. Michael Lennartz2024-06-03 The whole team at WKW worked tirelessly to help us receive compensation after an auto accident. Bill Winingham personally visited us in Lafayette to talk about the case and contacted us after hours several times to discuss issues. Our paralegal, Cynthia, was wonderful as she helped us gather all the information needed to provide evidence in our case. Additionally, as the case unexpectedly dragged on, everyone at WKW continued to be patient and optimistic as we finally worked towards a successful outcome in our case. Jennifer Peterson2024-03-26 After suffering a life changing work related injury, I was left with no other choice than to reach out to an attorney to assist me with getting financial assistance for my past and future medical bills. The first attorney I worked with in Massachusetts stated they would be able to assist me with my case but ultimately stated it was in my best interest to reach out to a law firm in the state where the accident took place. So I had to start researching the Indianapolis area and spoke to a few attorneys who stated that they didn't feel I had a good case and therefore couldn't assist me. Finally after almost giving up hope, I was referred to Wilson Kehoe Winingham. I called and spoke with Bill Winingham and Jon Noyes who were expecting my call. They both listened to my story and immediately stated I did have a case and they would be happy to help. The process was long and I had to make a few trips to Indianapolis to meet with them and the judge but in the end they helped me. I always felt like they had my best interest at heart and gave me honest feedback at all times. I would highly recommend them and the firm if you ever find yourself in need a assistance. I can't say enough about them. Chelsea Moore2024-03-07 I was referred to use Kent Winingham for an injury I had suffered in an auto accident. I was nothing but pleased! Kent and his team went above and beyond to make sure that I got every penny I deserved! He was a great listener, great negotiator, and EXTREMELY prepared! If you find yourself needing legal help due to injury look no further than Kent Winingham! Thanks again Kent!
We will use our 30+ years of practice to investigate and analyze every part of your reckless endangerment case to ensure you get the assistance you need. Whether your case is negotiated at settlement or brought to trial, WKW is ready to defend your rights against negligent or criminal offenders.
The Indiana personal injury attorneys at Wilson Kehoe Winingham will show no fear in going after those guilty of endangerment. Call 317.920.6400 or fill out an online contact form today for a free, no-obligation case evaluation.
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