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The Four Elements of Negligence Are Duty, Breach of Duty, Damages, and Causation.
The following elements of negligence must all be present in order to have a legitimate accident claim: Duty. Each driver has a duty when operating a vehicle to drive safely and within the law. Breach of duty. ... Causation. ... Damages.
The Four Elements of Negligence Are Duty, Breach of Duty, Damages, and Causation.
A person is liable if he or she was negligent in causing the accident. Persons who act negligently never set out (intend) to cause a result like an injury to another person. Rather, their liability stems from careless or thoughtless conduct or a failure to act when a reasonable person would have acted.
A person who is found liable in a civil case only has to pay money damages, while a person who is convicted in a criminal case may face a jail or prison sentence.