In terms of a wrongful death case, there are several ways the alleged defendant might have breached the duty of care. Depending on the individual circumstances, this may include:
Carelessness
Negligence
Gross negligence
While most incidents that cause a death are accidental, this does not excuse the accused from responsibility. For example, if your loved one was using a crosswalk and the defendant struck and killed that person while trying to drive and answer a text at the same time, the driver failed in the duty of care to protect those in the proximity of the vehicle. Taking eyes off the road can cause an accident and result in serious injuries or death, so that driver is not excused from responsibility, even if the harm was accidental.