Endangerment to a child?

Would you consider this reckless endangerment to a child? My son

A 20year old starts driving away from a child who wants to stay at the lake, unaware that the child started chasing after the vechile all the passengers in the vechile yelled STOP. So the 20year old thought it was just like "stop" because the kids where scared he would drive off from the child. So the 20yr old backed up, not knowing the child had tripped, and accidentally backed into the child which caused injury........ The law for reckless endangerment "aware of and consicously disregard a risk of injury" We all know if your driving and passengers in your car yell "he fell he fell" and if u backed up that would be a risk of injury. But the thing is the 20yr old was not "aware, or disregard" the risk of backing up, since he did not know the child had fell. He was just gonna back up to let the passenger in the car.

Second if they do charge him and the law is up to 2yrs of prison, knowing it aws just a complete accident and he has no record, do you think he will get of with a fine and probation?

thank you

Update:

it was a complete accident, but for reckless endangerment it doesnt matter if it was a accident or not. If you are aware of and consiously disregard a risk of injury to a child... But like i said, he wasnt aware that the child had fallen. Just because the kids in the car yelled stop, doesnt mean the child fell. They could of been yelling "STOP" afraid that my son would drive of from the child. SO my son backed up ALITTLE so he could get closer to the child who just sat their thinking the 20yr old would drive away.

Update 2:

THEY ARE NOT CHARGING HIM FOR AWAY. THE REASON THEIR CHARGING HIM IS FOR BACKING UP

5 Answers

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  • 9 years ago
    Favorite Answer

    It's going to depend on how he presents & the mood of the powers that be.

    It's difficult to prove what a person knows or does not know, but the actual driving away (if no other adult was present with the child) could be an issue. If another adult was waiting with the child...

    complicated.

    I would call it an accident, but what the authorities do can be very unpredictable.

  • 9 years ago

    there was a child somewhere behind the car since he was driving away....what did he learn taking his driving lisence, always check your mirrors well before backing up too make sure there isnt anything there

    if he had stoped, then checked as he should that the coast was properly clear, there would been time too catch that the situation migth hurt the child

    so yes he was reckless because he didnt take the nesicary precautions, sorry but its the drivers responsibility too make sure that the road is clear before driving it, if he had he shouldnt have hit the child, if he checked even if the child already had fallen and he couldnt see it in the mirror, he would be aware that he didnt know where the child was, and this alone should make you locate the child before moving the car again

    they are charging him because he was being reckless, what you are describing is reckless behavior

  • 9 years ago

    Well your 20 year old knowingly left this child behind. So yes it is endangerment to a child.

    Who does that?

    Edit: So not only did he leave the child behind, he then decided rather then stopping the car, pulling up the hand break and finding out why people are yelling stop, he decides to back the car up at a fast enough pace to injure this child that he left behind?

    Sounds rather irresponsible to me.

  • 9 years ago

    Yes, even though it was an accident. He actually got in the car with the other passengers and began to "leave" the child. Whether he was actually going to leave means nothing. that was endangerment!

    he may actually get prosecuted.

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  • Anonymous
    9 years ago

    I think it was an accident and also where was the person watching the child? it's their fault.

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