What is the difference between careless driving and negligence?
I’m so sorry about your brother’s tragedy. Legally, the differences between careless driving and negligence may be defined by law in the statutes in your state or province. But statutory differences may not be relevant if the local prosecutor has exercised his or her discretion to bring a lesser charge against the guilty driver. Since the state is independent of the victim and perpetrator, they are given a good deal of leeway in bringing charges against people accused of a crime. You will need to discuss this with the prosecutor, explain your feelings and your position regarding the prosecution and get his or her reasons for their decision. Apart from the criminal matter, there may be a basis for a civil suit in wrongful death against the perpetrator and/or the vehicle owner. The standard of proof in the civil matter is a “preponderance of the evidence” in most every US jurisdiction. This is a lot easier to get than the “proof beyond a reasonable doubt” in criminal cases. The real prob
