What is negligence and how is it proven?

Duty. A legal obligation to act with reasonable care. Every driver owes it to others on the road, so this element is rarely contested in a crash case. It's more litigated in premises and professional cases.

Breach. Failing to meet that standard. Running a light, following too closely, driving distracted, speeding for conditions.

Causation. That the breach caused the harm. Two components: cause in fact, and legal or proximate cause. This is where injury cases are actually fought — particularly whether the crash caused the specific medical condition claimed, as opposed to a pre-existing one.

Damages. Actual harm. Without it there's no claim, however careless the conduct.

The standard of proof is a preponderance of the evidence — more likely than not — which is considerably lower than the criminal standard.

Where cases are won and lost. Rarely on duty. Sometimes on breach. Most often on causation and on the extent of damages.