Negligence is the duty of a person to act reasonably and prudently to avoid foreseeable injuries to others. It consists of 4 elements: (1) Duty; (2) Breach of Duty; (3) Causation; and (4) Damages. In motor vehicle accident cases, it is a duty to drive in a reasonable and prudent manner (obeying all traffic laws). If your case were to go to trial, after all the evidence is presented, the finder of fact determines whether the defendant was negligent. The finder of fact is most commonly a jury. If the parties agree to a non-jury trial, it would be the judge. If the parties agree to arbitration, the finder of fact would an arbitrator or an arbitration panel.
