Fuck Cars
A place to discuss problems of car centric infrastructure or how it hurts us all. Let's explore the bad world of Cars!
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1. Be Civil
You may not agree on ideas, but please do not be needlessly rude or insulting to other people in this community.
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This community is about cars, their externalities in society, car-dependency, and solutions to these.
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In the absence of a flair system on lemmy yet, let’s try to make it easier to scan through posts by type in here by using tags:
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malice is an evil intent. That isn't the case when someone texts and drives. They are choosing to impair themselves, but with the intent of continuing to drive normally.
Negligence is a failure to exercise a duty of care. Malice is an evil intent or extreme recklessness, which I don't think texting reaches.
But it is extremely reckless to text while driving. You're then not taking attention to the road, and it contributes greatly to collisions.
carbrain notwithstanding, the standard for reckless disregard in law is much greater than texting while driving.
And both can be negligence, the legal term for failing to take proper care. You also have "gross negligence" when you have gone above and beyond in failing to prevent an accident. Like if you ignored signs and barricades and drove onto a closed road, which led to an unintentional collision with a cyclist in a road race.
Malice is when you wanted to caus some kind of harm -- like "let's scare that pedestrian by driving close to him... Oops I hit him." Even though you didn't want to hit him, wanting to scare him is intent, and malice.
Replying for the benefit of the commenter above you.