Rather, “negligence, as defined by most jurisdictions in the United States, including California, is the lack of “ordinary care” or “skill in the.” An accident is simply an incident that no one could have reasonably foreseen and for which no one should be responsible. No one will win a case against someone who may think they are responsible for an injury, if that injury has been caused by an accident. Negligence is when someone fails to take reasonable precautions to prevent foreseeable accidents that could result in injury to another person. Acting a certain way or not acting can be considered negligence.
For example, speeding can be considered negligence, while a store owner not inspecting their store for hazards can also be considered negligence. Whether someone acted negligently or not is measured from the perspective of what the reasonably prudent person would do under the same or very similar circumstances. This is the main problem in any compensation claim. You can file a claim for compensation, but only if there is evidence to show that your injury was caused by someone else's negligence.