4 Elements of a Negligent Driver Claim
Get Your Free Case Review

4 Elements of a Negligent Driver Claim

by | Sep 2, 2020 | Car Accidents

Distracted driving is on the rise in the United States. If you were injured by a negligent driver, our attorneys can help.

Negligence refers to a situation in which someone has failed to act with reasonable care, and that failure has resulted in unintentional harm or injury to another person. For example, many car accidents are due to negligent behavior, i.e., carelessness or inattentiveness behind the wheel. Victims of negligent driver accidents may be entitled to receive compensation for injuries, pain and suffering, lost wages, and property damage.

While it may seem easy to win a case involving a negligent driver, proving negligence can be complicated. To win a negligent driver claim, the injured party (the plaintiff) must prove four elements: duty, breach of duty, cause of injury, and damages.

The 4 Elements of a Negligence Claim

  1. “Duty of driver”: First, the plaintiff has to establish that the defendant owed them a legal duty of care. Since the law requires drivers to exercise care and obey traffic laws, this step is relatively easy. According to the law, all drivers owe other road users a duty to drive safely and follow the rules of the road.


  1. Breach of duty: The plaintiff must provide proof that the defendant violated their duty to drive safely. A violation entails someone acting, or failing to act, without a reasonable level of caution. Common negligent driving examples include failing to stop at a red light, speeding or driving too slowly, and failing to use the vehicle’s turn signals.


  1. Cause of injury or damages: The injured party must also prove that the driver’s breach of duty caused the harm they received. For example, a driver who looks away from the road to send a text may not see that his car has veered into oncoming traffic. If an accident occurs and causes another person injury or harm, the injured party may argue the accident wouldn’t have happened, but for the defendant’s inattention.


  1. Damages: Finally, the negligent claim must provide a monetary estimate for all losses and costs associated with the accident. Individuals who have been injured by a negligent driver could be entitled to compensation for their injuries and may benefit from learning more about their legal rights.

– Why Hire Nicolet Law? –

Get An Experienced Lawyer On Your Case

We’ve helped thousands of clients with a wide range of legal needs. Let us put the skills and experience we’ve gained along the way to work for you!

Get Our App!

Get our convenient, secure app to
send us legal documents and pay your bill. Available on the App Store and Google Play.

Download the Nicolet Law Office app from the App Store to conveniently send documents and issue payments to our attorneys.
Nicolet Law clients can conveniently send legal documents and issue payments through our secure app. Get it on Google Play.

More Than

Million Recovered for our clients


Clients Helped

More Than

Years In business


Years of Combined Experience

What Our Clients Say About Us

powered by BirdEye

Awards & Recognition

Our peers and independent third-party organizations have recognized the hard work and dedication we put into every case. This has led to numerous awards and accolades.

From Our Blog

Winter Driving in the Midwest

It is that time of year again. Winter driving conditions in the Midwest can change on a daily basis. Unfortunately, many...

Minnesota Traffic Fatalities Rising Despite Quieter Roads

Despite fewer people on the roads due to COVID-19, Minnesota is reporting higher than usual traffic fatalities. State...

5 Post-Accident Mistakes Victims Make When Talking to Insurance Companies

In the wake of a car accident, victims tend to be scared, overwhelmed, and unsure of what to do or say. Unfortunately,...

Halloween Safety Tips

There is no doubt that Halloween is going to look a little different this year. Typically enjoyed by people of all ages...

PLEASE NOTE: To protect your safety in response to the threats of Covid-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to  discuss your options.