The legal theory of negligence typically governs legal claims arising from motor vehicle accidents. Negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
In other words, the driver who was at fault must have behaved unreasonably under the circumstances.
To establish negligence, you need to prove “the existence of a legal duty that the defendant owed to the plaintiff, defendant’s breach of that duty, plaintiff’s sufferance of an injury, proof that defendant’s breach caused the injury.”