A person is negligent when he or she owes a duty of care to another person (in the context of pedestrian accidents, both drivers and pedestrians owe duties to one another to use the roads together with care and in accordance with the law) and then breaches that duty of care. If the person’s breach of his or her duty of care is a direct and proximate cause of injury to another person and that person suffers compensable damages, then the breaching party is considered negligent.