# Negligence

> Negligence is failing to use the care a reasonable person would use. See the four elements an injured person must prove in a car accident claim.

Canonical page: https://accidentclaimfacts.com/glossary/negligence/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

Negligence is failing to use the care a reasonable person would use in the same situation, such as running a red light or texting while driving. Most car accident claims are negligence claims.

## In a car accident claim

To recover, the injured person generally has to prove four things:

1. **Duty.** The other driver owed a duty of care. Every driver owes others a duty to drive with reasonable care.
2. **Breach.** The driver fell short of that care, for example by speeding, following too closely or failing to yield.
3. **Causation.** The breach actually caused the crash and the injuries, and the harm was a foreseeable result. Courts often split causation into cause in fact and proximate cause.
4. **Damages.** The injured person suffered real losses, such as medical bills, lost pay or pain.

Evidence usually comes from the police report, photos, video, witnesses and the vehicles themselves. Breaking a safety law can make the breach easier to prove under negligence per se. If you were partly careless too, your state's fault rule decides how your share affects the claim; the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/) shows each rule. Our guide to [car accidents](https://accidentclaimfacts.com/accidents/car-accidents/) walks through the evidence.

## Example

> **Example:** A driver reads a text and drifts into the next lane, sideswiping a car. Every driver owes a duty to keep a proper lookout; reading the text breached it; the drift caused the crash; and the other driver's injuries and repair bills are the damages.

## Related terms

- [Gross negligence](https://accidentclaimfacts.com/glossary/gross-negligence/)
- [Comparative negligence](https://accidentclaimfacts.com/glossary/comparative-negligence/)
- [Tort](https://accidentclaimfacts.com/glossary/tort/)
- [Liability](https://accidentclaimfacts.com/glossary/liability/)

## FAQ

### What are the four elements of negligence?

Duty, breach, causation and damages. Some sources list five, splitting causation into cause in fact and proximate cause. In a civil case, the injured person generally has to prove each one is more likely true than not.

### Is negligence a crime?

Ordinary negligence is not a crime; it is the basis for a civil claim for money. The same careless driving can also break traffic or criminal laws, which are handled in a separate case.

## Sources

- [Cornell LII Wex, Negligence](https://www.law.cornell.edu/wex/negligence) — definition, the reasonable person standard and the elements
- [United States Courts, Glossary of legal terms](https://www.uscourts.gov/glossary) — torts and the standard of proof in civil cases