What Is Negligence?

Negligence occurs when someone fails to act with the level of care that a reasonable person would show in a similar situation. This failure can lead to accidents and injuries. For instance, if a driver hits another car because they didn’t check their blind spots before changing lanes, we would say the driver was negligent. Negligence is the legal basis for many personal injury cases.

To prove negligence in a personal injury claim, you must demonstrate four elements:

• The at-fault party had a duty to act safely. For example, drivers must follow traffic laws to prevent harming others.
• They breached their duty. A breach of duty involves failing to act in a way that a reasonable person would under the same circumstances, such as by driving recklessly.
• Their actions caused your injuries. You must demonstrate that your injuries directly result from the at-fault party’s breach of duty, not some other unrelated factor.
• You suffered measurable losses due to your injuries. This could include financial losses like medical expenses and lost wages or personal losses like pain and suffering.