Negligence Claims – the Standard

Negligence Claims – the Standard

The time-honored claim of negligence in California and United States courts may seem ambiguous to some. What does it mean “reasonable care?” What is the standard? One person’s “reasonable care” is another person’s “unreasonable care.” How is the question decided? The short answer to these questions is this is what juries do: they decide whether the person who caused an accident exercised reasonable care under the facts presented. They look at all the circumstances – for example, whether the defendant ran a red light or violated a law causing the accident, the defendant’s speed, whether the defendant was driving too fast for driving conditions, and numerous other factors – and come to an agreement whether reasonable care has or has not been exercised.