In the Aftermath Of A Car Accident,

We Can Help

A driver’s duty when behind the wheel of their car

On Behalf of | May 10, 2021 | Automobile Accidents

California drivers must pass certain tests in order to legally operate motor vehicles in the state. For example, they may be required to take a written test to demonstrate that they understand the laws and safe driving practices of California. They may also be required to have their vision examined or even perform an actual driving test before they are able to secure their drivers licenses.

Once a driver has obtained their license and the privilege of driving in the state, they may legally operate a motor vehicle on the public roads. They must follow all traffic laws and must act reasonably to protect themselves and others from motor vehicle accidents. They have a duty of care to others when they drive, and when they breach that duty, they may expose themselves to liability for the harm they inflict on others.

This post will examine a driver’s duty of care when operating a motor vehicle. It does not provide any legal advice or guidance on specific motor vehicle accident cases. Victims of motor vehicle accidents can choose to work with personal injury attorneys to learn more about their possible claims and to seek advocates for their legal rights.

What is a duty of care?

A duty of care is a legal responsibility to act reasonably in one’s given situation. It can be explicitly created through a relationship, such as between a doctor and their patient. It can also be created through circumstances, such as when a driver gets into their vehicle and begins to operate on roads where others are also driving. When a driver operates their motor vehicle, they have a duty of care to others to act as a reasonable person would in their given situation.

Who is considered a reasonable person?

A reasonable person is not a perfect person. In fact, the “reasonable person” does not exist. They are a legal concept in which the idea of a reasonably competent and prudent person is placed into a given scenario. Individuals are held to the standard of the reasonable person when being evaluated for liability under negligence laws.

What does reasonableness and duty have to do with car accidents?

As mentioned, drivers have a duty of care to others when they are in their vehicles and they are expected to behave as a reasonable person would in their given situation. When a driver fails to act reasonably and breaches their duty of care to others, they may be found negligent and responsible for the injuries that they cause others through motor vehicle accidents. Victims of motor vehicle accidents can use these concepts of negligence to build their claims for the recovery of their damages. Victims do not have to work for themselves to get back their lives. They have the right to contact trusted personal injury attorneys for help with their motor vehicle accident claims.