Negligence

Negligence is a failure to take the care a reasonable driver would have taken, which causes harm to someone else.

Proving negligence in a road accident claim generally means showing three things: that the other driver owed you a duty of care, that they breached it through careless driving, and that the breach actually caused your injury. Most motor accident claims in Malaysia are built on this foundation rather than any special statute creating the wrong.

Because negligence depends on the specific facts, evidence gathered close to the time of the accident, such as the police report and witness statements, tends to carry the most weight.

Who is at fault explains how this plays out in practice.