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 Nebraska, careless driving is addressed under Nebraska Revised Statute 60-6,212. This statute defines careless driving as operating a motor vehicle in a manner that indicates an indifferent or wanton disregard for the safety of persons or property. It is considered a less severe offense than reckless driving, which involves willful disregard for the safety of others. Careless driving is a traffic infraction and not a criminal offense in Nebraska. Penalties for careless driving may include fines and points added to the driver's record, which can affect insurance rates and driving privileges. The specific circumstances of the violation, such as whether it resulted in an accident, can influence the severity of the penalties. Law enforcement officers have the discretion to issue citations for careless driving, and prosecutors have the discretion to pursue these charges. Ultimately, a judge or jury will determine if the prosecution has met its burden of proof to establish that the driver committed the infraction.