What is Negligence in Car Accidents

Negligence is the main element for proving fault in car accidents. Normally being negligent would mean that the person has behaved in careless or thoughtless manner, and such action has caused some injury to another person. Negligence can be doing some action that was not supposed to be done, or not doing certain action that had to be done.


Negligence or determining it could be construed as indifference or apathy. You could say that in some cases someone just did not care or took risks they should not have. There are a few people who do not see it this way and this could be tied to how they were raised. They were not raised to care about other people and now the world must deal with people who are careless. They do not have to be sociopaths, they are just “jerks” or people who believe the world revolves around them.

A Lesson Taught

When they mess up, it is wonderful to have the proof to prove them wrong but it can also be at the expense of someone’s health or life. The good thing is that most people are not built this way and understand that other people matter too in this country. Overall, a democratic country could not survive if most people were “careless” about the safety of others. And this is another reason why it feels right to teach these people a lesson.

Do Not Assume

This does not mean that if someone makes a mistake on the road ways of our society they are shallow, callous, or apathetic people―they could have just make a mistake. They feel bad about it and now they will have to pay financially for this mistake they made. Everybody makes mistakes but you do want to focus so your mistake does not hurt someone else and cause severe property damage as well. You do not want to make certain types of mistakes when you are driving. Ever!

According to law, a driver has to use sufficient care to avoid injuring others, including pedestrians, other motorists, passengers in the vehicle, or anybody on the road. When the driver does not exercise enough caution and injures someone then he or she is held liable for the negligent behavior.

Proving Negligence

In a personal injury claim involving a traffic accident, the injured party must prove that the defendant was negligent. For doing this, the injured party or plaintiff has to prove that the driver breached or violated the duty of care as mandated by law. When there is any specific violation of traffic rules or laws then it becomes easy to prove negligence. For example, when the driver has run a red light, or was driving beyond the speed limit, the negligence is quite clear.

However, even when there is no specific violation of traffic rules, then the prosecution has to show the driver did not behave in a manner expected of a reasonable person, or did not take a reasonable course of action. The law expects drivers to exercise reasonable care, which is referred to as duty of reasonable care. These duties include:

Being vigilant and keeping a lookout for road hazards, pedestrians and other vehicles
Maintaining control over the vehicle
Maintaining the vehicle in sufficient working order
Driving at reasonable speeds
Knowing Your Surroundings

Even if the person drives under the speed limit, there are certain factors that can make the speed unreasonable, such as bad weather, low visibility, being in a crowded area, excess traffic, and so on.