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 Rhode Island, careless driving is addressed under the term 'driving so as to endanger, resulting in physical injury' or 'driving so as to endanger, resulting in death' if the careless driving leads to serious consequences. These offenses are more serious than a basic traffic violation and can be found under Rhode Island General Laws §31-27-1.1 and §31-27-1.2 respectively. The law requires that the prosecution prove that the driver operated the vehicle in a manner that endangered or would likely be expected to endanger any person or property. Examples of such behavior might include failing to stop at a stop sign, not signaling for turns or lane changes, or texting while driving. Careless driving is considered less serious than reckless driving, which involves a willful or wanton disregard for safety. The distinction between careless and reckless driving often depends on the degree of negligence and whether an accident occurred. In Rhode Island, traffic violations are subject to the discretion of the issuing officer and the prosecutor, but ultimately a judge or jury will determine if the prosecution has met its burden of proof to convict or find the driver responsible for the offense.