Posted on March 5, 2018
Drivers on the roadways owe a duty of care to everybody else who share the roads. This means that, if you are somebody who drives everywhere you go, other drivers owe it to you to drive as safely as possible and protect you from harm. There is also a duty of care owed to pedestrians on our roadways. In fact, this duty of care is much higher for pedestrians because they have fewer protections on our roads in terms of the outdoor elements. Today we will take a closer look at the duty of care owed to them and how it plays a major role in your case when you are working toward the compensation you deserve.
What is the Duty of Care?
Let’s take a look at an example before we get into what the ‘duty of care’ is and what it actually means. A pedestrian is walking toward an intersection and a driver is stopped at a red light. When the light turns green and the pedestrian is almost across the street, the driver turns left and immediately runs right into the pedestrian because they were only looking ahead and not to the side. In this case, the driver owed the pedestrian a duty of care to watch out and yield before turning, and liability could fall onto the driver. Left-hand turn accidents, in fact, are some of the most common amongst pedestrians today.
The duty of care is basically saying the responsibility that other drivers owe to drivers, pedestrians, bicyclists, and every other person sharing the roadways to utilize safety to the best of their care. The duty of care applies to many different types of injury claims, such as doctors upholding care when working with patients, bus companies looking out for the safety of their passengers, and more.
How a Breach of Duty Occurs
It is when a breach of duty occurs that many accident cases are filed. When somebody can show that a breach of a duty of care took place, the person can sue the driver who breached his or her duty. They must be able to show that there was a duty of care, a breach of duty, that the breach actually caused harm, and that damages occurred. This is how a pedestrian moves forward with a claim and receives damages for things like medical expenses, emotional suffering, and so much more. All a pedestrian has to do is show that somebody was not careful on the roadways and that they were injured as a result.
There are many different types of care owed to pedestrians. For example, drivers are supposed to be on high alert as it pertains to children, elderly, pedestrians walking outside of crosswalks, pedestrians at intersections, and any other place where these accidents are most likely to occur. Have you been injured in a pedestrian-related accident and now you wonder if you can receive compensation for your damages? You have rights and we want to help at the Accident Law Group. Give us a call as soon as possible to get started on your case at 602-262-4254.