The baffling language used by accident lawyers and insurance companies in the Philadelphia area is enough to make anyone’s head spin. In this post, I’ll explain one of the most important phrases you’ll hear in a car accident case: the duty of care. By learning about this issue, you’ll hopefully have a better understanding of the required conditions for a successful court case.
What Does Duty of Care Mean?
In car accident cases, the law requires drivers to be careful when encountering anyone they meet on the road passengers, persons in other vehicles, and pedestrians. This is called the duty of care.
As the plaintiff (the person who is suing the at-fault party), you must prove the other driver breached this duty in order to win a negligence claim. Basically, the law asks: How would a reasonable and prudent person have behaved in the same or similar circumstances? If the defendant’s behavior falls short of how a reasonable person would have acted, the defendant has violated the duty and can be deemed negligent.
What Actions Does It Entail?
Here are the main actions that make up the duty of care:
Driving at a reasonable speed. A person who drives at a speed that is unreasonable in light of the existing traffic, road, visibility, and weather conditions may be comparatively negligent. Even driving at the speed limit can be considered negligent if, for example, visibility is low, the weather is bad, or the circumstances warrant particular caution.
Vigilance and keeping a proper lookout. Drivers have a duty to be alert and to maintain a careful lookout for other vehicles, pedestrians, and road hazards. Drivers are expected to see the things that an ordinary, prudent person would see. A failure to keep a proper lookout by, for example, failing to take care when driving by a road construction site or a school crossing may constitute negligence.
Maintaining control of the car. Drivers are expected to keep their car under control by, for example, being able to stop quickly. Negligence can be inferred if a car loses control (such as overturning or leaving the road) for no apparent reason.
Maintaining and using the car’s equipment. Drivers are expected to maintain their vehicles in safe working order. For example, lights and brakes should be working and maintained properly.
Are there regional differences with this duty?
Each state has motor vehicle laws governing how drivers are expected to behave on the road. My Philadelphia-based personal injury law firm, for example, has expert-level knowledge and experience when it comes to Pennsylvania’s vehicle laws. As a result, even your most basic account of the accident can lead to a successful court case based on the negligence of the other driver.
What Happens Next?
If we can prove the other party breached the duty of care, we’re on our way toward a successful claim. The next step is to prove the other party’s conduct caused your injuries. This can be covered in a future post.
For Philadelphia-area residents, my personal injury law firm is available for free consultations during the chaotic time after an auto accident. Call (267) 627-4JOE (267-627-4563) or visit www.yourharvardattorney.com to set up an appointment. My law firm’s Automobile Accident FAQ is a tremendous free resource for legal facts regarding auto accidents in Philadelphia and its surrounding counties.
