Alaska Statutes
Alaska Stat. § 28.35.410 (2026)
Negligent driving
✓ current as of July 2026
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Sec. 28.35.410. Negligent driving.
(a) A person who drives a motor vehicle in the state in a manner that creates an unjustifiable risk of harm to a person or to property and who, as a result of the creation of the risk, actually endangers a person or property is guilty of negligent driving. An unjustifiable risk is a risk of such a nature and degree that a failure to avoid it constitutes a deviation from the standard of care that a reasonable person would observe in the situation. Proof that a defendant actually endangered a person or property is established by showing that, as a result of the defendant's driving,
(1) an accident occurred;
(2) a person, including the defendant, took evasive action to avoid an accident;
(3) a person, including the defendant, stopped or slowed down suddenly to avoid an accident; or
(4) a person or property, including the defendant or the defendant's property, was otherwise endangered.
(b) The offense of negligent driving is a lesser offense than, and included in, the offense of reckless driving, and a person charged with reckless driving may be convicted of the lesser offense of negligent driving.
(c) A person convicted of negligent driving is guilty of an infraction as provided under AS 28.90.010.
(d) Lawfully conducted automobile, snowmobile, motorcycle or other motor vehicle racing or exhibition events are not subject to the provisions of this section.
Chapter 37. Driver License Compact.
Article 1. General Provisions.
(a) A person who drives a motor vehicle in the state in a manner that creates an unjustifiable risk of harm to a person or to property and who, as a result of the creation of the risk, actually endangers a person or property is guilty of negligent driving. An unjustifiable risk is a risk of such a nature and degree that a failure to avoid it constitutes a deviation from the standard of care that a reasonable person would observe in the situation. Proof that a defendant actually endangered a person or property is established by showing that, as a result of the defendant's driving,
(1) an accident occurred;
(2) a person, including the defendant, took evasive action to avoid an accident;
(3) a person, including the defendant, stopped or slowed down suddenly to avoid an accident; or
(4) a person or property, including the defendant or the defendant's property, was otherwise endangered.
(b) The offense of negligent driving is a lesser offense than, and included in, the offense of reckless driving, and a person charged with reckless driving may be convicted of the lesser offense of negligent driving.
(c) A person convicted of negligent driving is guilty of an infraction as provided under AS 28.90.010.
(d) Lawfully conducted automobile, snowmobile, motorcycle or other motor vehicle racing or exhibition events are not subject to the provisions of this section.
Chapter 37. Driver License Compact.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2011–2022 · leading case: Brianna Marie Peterson v. Mun. of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021).
Brianna Marie Peterson v. Mun. of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021). “400 (state statute prohibiting reckless driving); AS 28.35.410 (state statute prohibiting negligent driving).”
State of Alaska v. Kai Davidson Meyers, 479 P.3d 840 (Alaska Ct. App. 2020). “Factual and procedural history Kai Meyers was convicted of negligent driving, an infraction, in violation of AS 28.35.410. The trial court initially entered a judgment suspending the imposition of Meyers’s sentence for a period of 1 year.”
Burnett v. State, 264 P.3d 607 (Alaska Ct. App. 2011). “410(a), a person commits the offense of negligent driving if they drive in a manner that creates an unjustifiable risk of harm to a person or to property, and if their conduct actually endangers a person or property.”
Keith Gilbert Ambacher v. State of Alaska, 521 P.3d 604 (Alaska Ct. App. 2022). “19, 1997) (unpublished); AS 28.35.410(b). Some states have held that speeding alone is insufficient to constitute recklessness unless the speeding is grossly excessive or if there are additional circumstances that make the speeding particularly dangerous.”
— Alaska Stat. § 28.35.410(a) — 1 case
Burnett v. State, 264 P.3d 607 (Alaska Ct. App. 2011). “410(a), a person commits the offense of negligent driving if they drive in a manner that creates an unjustifiable risk of harm to a person or to property, and if their conduct actually endangers a person or property.”
— Alaska Stat. § 28.35.410(b) — 2 cases
State of Alaska v. Kai Davidson Meyers, 479 P.3d 840 (Alaska Ct. App. 2020). “Factual and procedural history Kai Meyers was convicted of negligent driving, an infraction, in violation of AS 28.35.410. The trial court initially entered a judgment suspending the imposition of Meyers’s sentence for a period of 1 year.”
Keith Gilbert Ambacher v. State of Alaska, 521 P.3d 604 (Alaska Ct. App. 2022). “19, 1997) (unpublished); AS 28.35.410(b). Some states have held that speeding alone is insufficient to constitute recklessness unless the speeding is grossly excessive or if there are additional circumstances that make the speeding particularly dangerous.”
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