Glossary

Negligence

Failing to use the care a reasonable person would use, causing harm to someone else; the legal basis for most car accident claims.

Also called: carelessness, negligent driving

Negligence is the legal word for carelessness that hurts someone. A driver is negligent when they fail to act as a reasonably careful driver would in the same situation, for example by speeding, texting, running a light or following too closely. Most car accident lawsuits are negligence claims, a kind of tort.

To recover damages, an injured person generally has to show four things: the other driver owed a duty of care (every driver does), breached it, the breach caused the crash, and the crash caused real losses such as medical bills, lost wages or repairs. The at-fault driver's liability coverage pays those damages up to its limits.

Fault is often shared. Most states use comparative negligence, which reduces your recovery by your share of fault: if your damages are $20,000 and you are 25% at fault, you could recover $15,000 (hypothetical figures). Alabama, Maryland, North Carolina, Virginia and the District of Columbia still use contributory negligence, which can bar recovery if you were even slightly at fault. In no-fault states, negligence still decides who pays for vehicle damage and whether an injury lawsuit can go ahead once a threshold is met. See how fault is determined in a car accident.

Last reviewed October 4, 2026

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Related terms

Tort A civil wrong, such as careless driving, that injures someone and gives the injured person the right to sue for money damages. Comparative negligence A fault rule that reduces an injured person's recovery by their own share of blame for a crash, instead of barring recovery entirely. Contributory negligence A strict fault rule that bars an injured person from recovering any damages if they were even slightly to blame for the crash. At-fault accident A crash in which you are found mainly responsible, which your liability coverage pays for and which usually raises your premium at renewal. Liability coverage The part of a car insurance policy that pays for injuries and property damage you cause to others, plus your legal defense, up to your limits.

Related guides

Comparative vs contributory negligence How states split blame for a crash, from contributory negligence to pure and modified comparative fault, with a state-by-state list and worked examples. How fault is determined in a car accident How adjusters assign fault using traffic laws and evidence, how shared-fault rules change what you collect, and how to dispute a fault decision.