Tor Hoerman has represented injured individuals for more than 30 years, with experience spanning individual personal injury cases and nationwide mass tort litigation. His work includes car accidents, catastrophic injuries, product liability claims, and other serious injury cases. Tor has served in court-appointed leadership roles in national litigation and tried cases involving major corporate defendants.
TorHoerman Law’s legal content is researched and written by our editorial team and attorneys for legal accuracy, clarity, and relevance. We rely on statutes, court records, government publications, medical research, and other authoritative sources when applicable. This page provides general legal information and does not constitute legal advice.
TorHoerman Law reviews its legal content for factual accuracy, current information, and relevant legal context before publication and as material developments occur. This article is provided for general informational purposes and does not constitute legal advice. For guidance about a specific case, contact TorHoerman Law.
Question: When Is Someone Considered a Negligent Driver?
Answer: Someone is considered a negligent driver when they fail to exercise the care that a reasonably prudent person would under similar circumstances, breaching their duty to drive safely.
Examples of negligent driving include speeding, distracted driving, not obeying traffic signals, or driving under the influence of alcohol or drugs.
On this page, we’ll discuss when a person can be considered a negligent driver, how negligent driving can lead to motor vehicle accidents, how a personal injury lawyer can help accident victims seek compensation, and much more.
Personal and commercial vehicle registrations in the U.S. increased by 3.5% between 2018 and 2022.
Consequently, the number of licensed drivers in the country has also been on the rise, reaching over 243 million in 2023.
While these numbers indicate progress and mobility, they also have a downside — increased car accidents caused by driving negligence.
If you’ve been injured in a car crash caused by a negligent driver, you may be eligible to file a personal injury claim and seek compensation.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page to find out if you qualify for the auto negligence lawsuit today.
The term “negligence” has distinct meanings in ordinary and legal contexts.
Oxford Languages defines negligence as the “failure to take proper care in doing something.”
Ordinary negligence can simply be the failure to lock your front door before leaving or to check the expiration date on food before consuming it.
Negligence means failing to exercise the level of care toward another individual that a reasonable or prudent person would exercise in similar situations.
This “failure to exercise reasonable care” includes both actions and omissions.
This specificity arises from the reliance on the “reasonable person” standard, an objective test the law uses to determine whether an individual’s actions align with what a reasonable person would do in similar circumstances.
There are various types of negligence, with states in the country defining and quantifying the liability extents differently.
Gross negligence involves actions taken with a reckless disregard for the harmful consequences they may cause.
This type of negligence is the most serious form of negligence, often resulting in higher damages due to the severity of the oversight.
While gross negligence does not equate to an actual intent to cause harm, it goes beyond ordinary negligence.
Consider the case of a surgeon who performs surgery while under the influence of alcohol.
This situation is gross negligence due to the blatant disregard for the patient’s safety.
The surgeon’s impaired state significantly increases the risk of serious mistakes that can result in severe harm or even death.
Unlike ordinary negligence — which might involve a doctor missing a diagnosis that a competent doctor might also have missed — gross negligence displays a profound lack of care that exceeds any reasonable boundary.
This type of negligence refers to situations where the plaintiff’s own negligent actions contributed to their injuries.
This principle operates on an all-or-nothing basis, which can have severe implications for plaintiffs with personal injury.
Imagine a pedestrian crossing the street while texting on their phone, ignoring the designated crosswalk.
Simultaneously, a driver is speeding and fails to stop at a red light, hitting the pedestrian.
In this case, both parties exhibit negligence; however, the pedestrian’s failure to adhere to traffic laws and remain vigilant contributed to the accident.
Contributory negligence is illustrated as the pedestrian’s actions contributed to causing their injuries, which may limit or completely bar their ability to recover damages in a car accident claim.
The comparative negligence doctrine resulted from the harsh, unjust results under the previous negligence approach.
Under this doctrine, a plaintiff found partially at fault is still entitled to compensation.
The percentage of their own fault adjusts the amount.
Comparative negligence has two primary approaches: pure and modified comparative negligence.
Under pure comparative negligence, compensation is awarded based on the allocation of fault.
On the other hand, modified comparative negligence — also referred to as combined or mixed comparative and contributory negligence — prohibits a plaintiff from receiving compensation for their injuries if the percentage of their fault exceeds the threshold set by state law.
Vicarious negligence is when an entity or an individual is deemed liable for the negligent actions of another person.
This form of negligence — also known as vicarious liability — is frequently observed in employment settings, where an employer may be found and held liable for an employee’s negligence during their job responsibilities.
In driving, negligence occurs when a driver fails to exercise the level of caution or attentiveness expected under certain circumstances, resulting in car accidents.
This lack of proper care can manifest in various forms, with each action indicating a departure from the standard duty of care that a reasonable person behind the wheel would observe.
Negligent and reckless driving are distinct legal concepts, though both involve a failure to adhere to safe driving practices.
Reckless driving is characterized by a willful disregard for the safety of other motorists, involving conduct that the driver knows or should know is likely to lead to harmful consequences.
The key difference is in the intent and awareness of risk; reckless driving indicates a higher level of culpability as it involves conscious decisions that pose a significant danger to others.
Several behaviors and actions commonly contribute to driver negligence, jeopardizing the safety of everyone on the road.
Identifying these actions can help you understand the root causes of many traffic accidents and emphasize the importance of following proper driving practices.
Speeding is driving above the speed limit or too fast for prevailing conditions.
According to an AAA Foundation for Traffic Safety survey, more than half of all drivers partake in hazardous actions while driving, with speeding being the most prevalent cause of car accident cases.
Engaging in activities that divert attention from safe driving — including texting, eating, or using in-car technologies — is another leading type of negligent driving.
Distracted driving prevents drivers from observing traffic signals, road conditions, and the actions of other drivers and pedestrians.
Not giving the right of way when required can cause collisions and other accidents, particularly at intersections.
This driver negligence often occurs when drivers are impatient or unaware of traffic rules, putting others at risk.
A driver who fails to yield when making a left turn at an intersection could hit a car coming from the opposite direction or a pedestrian crossing the street.
Operating a vehicle under the influence of drugs, alcohol, or medication that impairs cognitive and motor skills is a severe form of negligence.
Impaired drivers exhibit poor judgment, slower reaction times, and diminished coordination, making them a hazard to themselves and others.
Ignoring stop signs, red lights, and other regulatory signals is negligent driving.
These signals manage traffic and ensure safety, and disobeying them shows a clear disregard for the rules of the road.
Negligence is a crucial factor in car accident claims because it establishes the foundation for determining liability and compensation.
In order for an injured party to receive compensation, they must prove that a negligent driver caused the accident and subsequent injuries.
This proof involves demonstrating four key elements.
Generally, individuals and businesses are responsible for demonstrating reasonable caution and prudence when conducting activities that may impact others.
Duty of care means a driver must be mindful of others’ safety and follow traffic rules and laws.
A negligent driver’s duty of care includes:
Every individual who goes behind the wheel is responsible for upholding this duty of care to avoid becoming a negligent driver.
There must be a breach of duty of care to establish that a driver was negligent in a car accident.
This occurs when the negligent driver fails to act up to the expected standard of care or engages in behavior that falls below what is reasonably expected.
Examples of negligent drivers breaching their duty include:
A negligent driver who commits these acts has acted less carefully than a reasonable motorist would have, making them liable for any harm caused.
If a person fails to behave prudently but does not cause harm, the lack of prudence alone will not result in a successful claim against the negligent driver.
For a claim to be valid, the negligent driver’s failure to act reasonably must be directly linked to the plaintiff’s injuries.
Important points about causation and the negligent driver:
Establishing this causative link is essential for a victim to have a valid negligence claim against the negligent driver.
To be eligible for compensation in a claim against a negligent driver, the victim must have endured quantifiable harm as a direct result of the negligent driver’s behavior.
The harm caused by the negligent driver can include both tangible and intangible losses.
Quantifiable harm caused by a negligent driver may encompass:
If there is no measurable harm, there is no basis for a claim, even if the negligent driver engaged in extremely negligent behavior.
The negligence must cause actual damages to enable a victim to seek compensation from the negligent driver.
If you believe another’s negligence caused your accident, contact an experienced car accident lawyer.
An experienced car accident attorney can help in establishing fault by gathering and analyzing evidence.
Beyond determining liability, an experienced lawyer plays a significant role in negotiating with insurance companies for fair compensation for your injuries, losses, and suffering.
If negotiations fail, a car accident attorney is ready to litigate in court, advocating on your behalf for the justice and financial restitution you deserve.
There is no need to navigate the aftermath of a car accident on your own — seek the expertise of a dedicated lawyer to guide you through the process and fight for your rights.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page to find out if you qualify for the auto negligence lawsuit instantly.
Owner & Attorney - TorHoerman Law
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
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TorHoerman Law represents people whose lives have been disrupted by serious injuries, unsafe products, and negligence. Our attorneys handle individual personal injury cases as well as national mass tort lawsuits involving major corporations.
Founded in 2009, our legal team brings more than 100 years of combined experience handling serious injury and complex civil litigation.
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In this case, we were able to successfully recover $20 Million for our client after they suffered a Toxic Tort Injury due to chemical exposure.
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In this case, we were able to successfully recover $2.8 Million for our client after they suffered an injury due to a Defective Heart Device.
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.
When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.
TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.
TorHorman Law is awesome
I can’t say enough how grateful I was to have TorHoerman Law help with my case. Jacob Plattenberger is very knowledgeable and an amazing lawyer. Jillian Pileczka was so patient and kind, helping me with questions that would come up. Even making sure my special needs were taken care of for meetings.
TorHoerman Law fights for justice with their hardworking and dedicated staff. Not only do they help their clients achieve positive outcomes, but they are also generous and important pillars of the community with their outreach and local support. Thank you THL!
Hands down one of the greatest group of people I had the pleasure of dealing with!
A very kind and professional staff.
Very positive experience. Would recommend them to anyone.
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