On your way to work, you hit and kill a pedestrian because you were texting and talking on your cell phone while driving. Which type of mens rea most likely exists in this situation

Negligence.

Explanation:

Negligence in criminal justice is when a person knows that his/her actions would likely cause harm to others but still does it anyway. This is also known as recklessness for it refers to the act of ignoring possible harm to others.

Mens rea, in legal terms, is the mental intention of a person to commit a crime. And in the case of a hit and run, resulting in the death of a pedestrian due to negligent behavior of the driver who was using the phone, this situation is known as negligence.

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