What is the difference between negligence and intent?
November 12, 2022 | 40,00 EUR | answered by Lina Strauss
Dear lawyer,
My name is Björn Kohlstein and I have a question regarding criminal law. I was recently involved in a traffic accident where I ran a red light. As a result, a person was seriously injured. I have been accused of negligence, but I am unsure if I actually acted negligently or if it was intentional.
The situation is as follows: I was running late and was driving faster than allowed. When I approached the intersection, the light was already red. Instead of stopping, I accelerated to make it through the intersection. In doing so, I overlooked the person crossing the street and a collision occurred.
I am aware that I made a mistake by disregarding the red light. However, it was not my intention to harm anyone. I was simply in a hurry and did not pay enough attention to the traffic.
Now I am wondering where exactly the difference between negligence and intent lies. What criteria must be met for negligence or intent to be considered? Are there possible defense strategies in my case to refute the accusations of negligence?
I thank you in advance for your support and advice in this matter.
Sincerely,
Björn Kohlstein
Dear Mr. Kohlstein,
Thank you for your question regarding criminal law in relation to the traffic accident you were involved in. I am sorry to hear that you are in this difficult situation, but I will do my best to help you.
The difference between negligence and intent is crucial for the legal evaluation of your case. Negligence means that you have committed a breach of duty by not exercising the necessary care in traffic. In your case, negligence may be present as you ran a red light and failed to see the person, resulting in a serious accident. While it was not your intention to harm anyone, you still showed gross negligence by not following traffic rules.
Intent, on the other hand, is present when you have deliberately acted to harm someone. This means that you intended to injure the person or at least knowingly accepted the risk. However, in your case, it appears that you did not act with intent, but rather with negligence.
To refute the allegations of negligence, you could possibly point out that it was a one-time lapse of judgment and that you usually comply with traffic rules. You could emphasize that you were in a hurry but did not intend to harm anyone. A good defense strategy would also be to show remorse and apologize for the mistake.
In any case, I strongly recommend consulting with an experienced criminal defense lawyer who is familiar with traffic accidents and negligence allegations. They can advise and represent you effectively to achieve the best possible outcome for your case.
I hope this information helps you and wish you success in handling this difficult situation.
Sincerely,
Lina Strauss, Attorney at Law
