person driving car

When a car accident happens, there is often one party that is clearly at-fault. Negligence must be addressed when trying to prove that one party is at-fault for the car accident. When a driver is negligent, they are evading their duty to conduct themselves in a responsible manner while driving on public roadways. A responsible driver should take all proper precautions to operate their vehicle safely and obey traffic laws.


While most drivers instinctively realize it is their duty to drive safely, negligent drivers selfishly betray these obligations. Negligent drivers do not practice safe driving and endanger all drivers on the road. The legal theory to prove negligence is made of up of the following parts:

  • Duty of care: Driving laws establish that drivers owe others a duty of reasonable care, meaning they will drive safely and responsibly.
  • Breach of duty: Negligence requires proof that the accused party breached their duty of care.
  • Causation: It must be proven that the accident was caused by the demonstrated breach of care.
  • Resulting damages: A claim of negligence needs to be linked to the injuries or damages caused by the car accident. In other words, damages will only be considered if they are proven to be directly linked to the accident.

Driver Breach Breakdown

There are several ways a driver can breach their duty of care. The following are a few common behaviors that lead to car accidents that result in injuries:

  • Breaking traffic laws: A driver who disobeys traffic laws by exceeding the speed limit, running red lights, or ignoring other road regulations is breaching their duty to exercise caution. If the driver’s behavior leads to an accident, they are negligent.
  • DUI: Driving under the influence of alcohol or drugs is a breach of a driver’s duty of care, even when the intoxicating substance is a legal prescription medication. The driver has a duty to refrain from operating their vehicle if they are impaired. Drivers should only operate their vehicle if they are sober.
  • Driver Distraction: Drivers have a responsibility to keep their eyes and attention on the road, distracted driving can lead to severe or fatal accidents.

Legal Remedies for Negligence

It must be proven that negligent behavior led to an accident that caused your injuries. Negligent drivers may be required to pay for damages, this includes payments for medical expenses or property costs, wages you lost while recovering, and compensation for your pain and suffering.

Car Accident Lawyers in Ocean Township at Falcon Law Firm, LLC Advocate for Those Injured in Automobile Crashes

If you were injured in a car accident, you may be eligible for compensation. Our skilled car accident lawyers in Ocean Township at Falcon Law Firm, LLC will fight to protect your rights and help you obtain maximum compensation. Contact us online or call us at 732-454-3306 for a free consultation regarding your case. With locations in Oakhurst, Parlin, and Aberdeen, New Jersey, and Doylestown, Pennsylvania, we also serve clients in Belmar, Deal, Ocean Township, Point Pleasant, West Long Branch, Sayreville, Middlesex County, and Monmouth County, New Jersey, as well as