How does a person know if the other driver was negligent?

A person alleging negligence will have to show that the other driver did not act reasonable in the circumstances, that the driver should have been able to foresee the damages s/he caused and should have taken reasonable steps to prevent such damages. These are some examples of negligent driving:

  • driving at an excessive speed or in excess of the speed limit;
  • failing to keep a proper look-out;
  • failing to keep the motor vehicle under proper control; or
  • drinking and driving.