A person acts negligently when he fails to use due care, that is, when he acts in a way that a reasonable person would not act. This can happen either by doing something that a reasonably prudent person would not do under those circumstances, or by failing to do something that a reasonably prudent person would do. The defendant acted negligently if he/she drove in a way that a reasonable person would not have, and by doing so created an unnecessary danger to other people, a danger that he/she could have avoided by driving more carefully.
In order to convict someone of operating a motor vehicle negligently in a manner that might endanger the public, the Commonwealth must prove three things beyond a reasonable doubt:
- That the defendant operated a motor vehicle;
- That he/she did so (on a way) or (in a place where the public has a right of access) or (in a place where members of the public have access as invitees or licensees); and
- That he/she did so in a negligent manner so that the lives or safety of the public might have been endangered.
If You Have Been Charged With Negligent Operation of a Motor Vehicle
If you have been charged with Negligent Operation of a Motor Vehicle, call McCormack Law today to begin preparing your defenses.