Negligence is the legal standard for proving liability in a car accident lawsuit. Someone is negligent when they act in a manner inconsistent with how a reasonable person should act. When someone causes a car accident, they generally act in a negligent manner. An attorney seeking to prove negligence must: Establish the duty of care: The duty of care requires someone a motorist, motor vehicle manufacturer, or otherwise to act reasonably. Such reasonable action generally means doing everything possible to avoid a car accident. Prove a breach of the duty of care: Your lawyer will work to prove that the liable party acted unreasonably and, in doing so, breached their duty of care. Prove the link between the breach of duty of care and the car accident: This step may be fairly straightforward, but your lawyer will need to show that the liable party’s breach of duty of care led directly to your car accident. Establish the victim’s damages: Your attorney will prove that you have suffered harm because of the accident, and by extension, because of the defendant’s negligent actions. This is the general framework for proving negligence. A lawyer must tailor this framework to fit the details of each car accident case. Examples of Negligence That May Cause a Car Accident While driver errors most often cause traffic accidents, they are not always the liable party. Examples of negligence by parties potentially liable for a car accident include: Negligence by Motorists With a single lapse in judgment or decision, a motorist can cause a car accident. Negligent behaviors by motorists that lead to accidents include: Speeding Tailgating Drunk driving Drugged driving Driving while tired Changing lanes without checking blind spots Running stop signs, yield signs, and red lights Driving while distracted Engaging in road rage behaviors Motorists must be attentive, cautious, and conservative at all times. A single second of distraction or poor decision-making can cause a collision.