Mike P.
Well-known member
As with negligence, whether a person has acted recklessly is a question for the trier of fact in court, be that the jury or the judge. It is NOT something ultimately determined by Fish and Game, and it IS something determined in hundreds, probably many thousands, of cases in this country every week, most of them involving the operation of motor vehicles.
That's what I would be afraid of, the vast majority of jurors and judges operate motor vehicles, they have a clue on what negligent motor vehicle operation entails. I'd wager that most of the jury pool is made up of people my mother was referring to as the people who were smart enough to come in from the rain....