When my attorney was talking about proving negligence in my car accident, she mentioned the other driver breached his duty of care to drive safely. What does breach mean legally?

In a negligence suit, a plaintiff must prove that the other party owed a duty to the claimant and that the other party violated or breached that duty. In your question, drivers owe a duty to one another to drive safely. In Texas, a plaintiff must prove that the defendant breached that duty by either (1) taking an action that a reasonably prudent driver would not have taken; or (2) failing to take an action that a reasonably prudent driver would have taken. For example, you could prove that the driver engaged in affirmative conduct by texting and driving that a reasonably prudent driver would not do. Alternatively, a driver may be negligence for failing to swerve when an ordinary safe driver would have swerved.

Proving the defendant breached a duty is necessary to for the plaintiff to recover on the plaintiff’s claims.

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