Car crash accident claims are all about proving negligence. The term “duty of care” is used to demonstrate that responsibility for another person was lapse and as such, caused a collision. Every driver has a duty of care to those who share the road with him. Therefore, each and every one of us has a duty of care to avoid creating a dangerous environment which could cause physical harm and financial loss to others. The term “duty of care” can seem quite lenient but what does it actually mean?
Duty of Care
Most car crash accident claims are caused when a driver ignores the speed limit. The law requires us to maintain the speed advised on road signs and road markings. These have been implemented to keep everyone safe. Having said that, driving also requires a fair amount of common sense. For example, a 40 mph speed limit may not be appropriate if driving on icy roads. Therefore, drivers must exercise a duty of care when operating a vehicle in a potentially dangerous environment.
Those dreaded distractions
Another way that car crash claims end up on the computer files of solicitors is when distractions are the cause of a collision. This usually occurs when a driver is more concerned with finding the right track on a CD rather than the right lane they should be in. Even the most skilled of drivers can lose control of a vehicle when their eyes are diverted from the road for just a few seconds. This is another example of where a “duty of care” should be applied.
Obey road laws
Road laws must be obeyed. A car driver should never consider operating a vehicle after consuming one too many alcoholic drinks. If you were involved in an accident but it was later discovered that you were intoxicated, it is likely that you could be considered the cause of the accident rather than the innocent victim.
And finally, failing to have a vehicle inspected at regular intervals could act against you in some car crash claims.
Car crash accident claims continue to rise
Hopefully this article has helped to outline the importance of demonstrating a “duty of care” to other road users. The intricacies can be quite confusing at times, hence the reason why a personal injury lawyer is worth his or her weight in gold. If you require further information with relation to an accident which you have been involved in, speak to the team at Accident Advice Helpline on 0800 689 0500.
Date Published: April 22, 2015
Author: David Brown