Laws regarding careless driving charges vary from state to state—including the name of the offense and its definition. This offense generally requires that the government (prosecution) prove the driver was carelessly or negligently disregarding the rules of the road or failing to operate the motor vehicle in a careful and prudent manner. A driver who fails to stop at a stop sign or to signal a turn or lane change or is texting while driving, for example, may be cited for careless driving.

Careless driving is generally a less serious infraction or offense than reckless driving, and which offense a driver is cited for may be determined by the degree of the violation and whether it caused an accident.

As with many traffic violations, the officer issuing the citation and the prosecutor have significant discretion in determining whether there was a violation of a traffic law and whether the violation constitutes a certain offense, as defined by the state legislature in the traffic code or in a municipal ordinance.

This discretion to issue a ticket or citation and prosecute the charge against the driver is balanced by the discretion of the jury or judge in determining whether the prosecution met its burden of proof sufficient to convict the driver (for a criminal offense) or find the driver responsible (for a civil infraction, violation, or offense).

In Delaware, careless driving is defined under Title 21, Section 4176 of the Delaware Code. The statute specifies that a person is guilty of careless driving if they drive a vehicle 'with a willful or wanton disregard for the safety of persons or property,' or 'without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.' Careless driving in Delaware is considered a less severe offense than reckless driving, which involves more deliberate and serious disregard for safety. Penalties for careless driving can include fines, points on the driver's license, and potentially other consequences such as driving school or community service, depending on the circumstances and the discretion of the court. The burden of proof lies with the prosecution to establish that the driver's actions fit the definition of careless driving, and the final determination of guilt or responsibility is made by a judge or jury.