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 Pennsylvania, careless driving is defined under Title 75, Section 3714 of the Pennsylvania Consolidated Statutes. The statute specifies that a person is guilty of careless driving if they operate a vehicle in careless disregard for the safety of persons or property. This can include behaviors such as failing to stop at a stop sign, not signaling for turns or lane changes, or texting while driving. Careless driving is considered a summary offense in Pennsylvania, which is less severe than a misdemeanor or felony. However, if the careless driving results in unintentional death, it can be graded as a more serious offense. Penalties for careless driving in Pennsylvania may include fines, points on the driver's license, and potentially a suspension of driving privileges, especially if the offense resulted in bodily injury or property damage. The determination of whether a driver's actions constitute careless driving is subject to the discretion of the issuing officer and the prosecutor, and ultimately, the judge or jury's interpretation of whether the prosecution has met its burden of proof.