Sec. 138.5. For purposes of IC 13-30-10-1.5, a person acts "negligently" when:
(1) the person acts with a conscious and voluntary disregard for a standard of care that a reasonable person would exercise in the same circumstance;
(2) the consequence of the person's action is likely to cause foreseeable injury to human health or the environment; and
(3) the risk of the person's action causing foreseeable injury to human health or the environment is of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in a similar circumstance.