Generally stated, “negligence” means carelessness. It refers to the defendant’s failure to exercise reasonable care to avoid the accident. There is no formula available to determine whether the defendant’s action or a failure to act amounted to negligence – it all depends on whether the court believes that a reasonable person would have acted more carefully under the circumstances.
Establishing negligence alone is not enough to prove fault – you must also prove that the defendant’s negligence caused the accident. Even a drunken driver can win a lawsuit if they can prove that drunkenness did not cause the accident.
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