Every driver who gets behind the wheel takes on legal responsibility.
It’s known as the duty of care and is the basis of every road traffic accident claim. You can’t prove who’s at fault after a collision if it’s not established first. By understanding the duty of care:
- Know when someone is legally at fault
- Understand what you need to prove
- Protect your rights after an accident
Here is what you need to know…
What you’ll discover:
- What Is Duty of Care In Road Traffic Accidents?
- The 4x Elements of Negligence
- Hit and Run Injury Claims and Duty of Care
- How Comparative Fault Affects Your Case
What Is Duty of Care In Road Traffic Accidents?
Duty of care is the legal responsibility that every driver has for others on the road.
It means that drivers have to operate their vehicles in a reasonably safe manner so as not to injure other drivers, passengers, cyclists, and pedestrians. That one concept underlies virtually every car accident case.
If a driver breaks this duty and causes an injury, they may be held legally and financially liable for the damages.
And here’s the scary part…
The vast majority of road accidents are caused by a breach of this duty. The Department of Transport estimates that 98% of road accidents are caused by human error. This is indicative of the frequency with which drivers fail to reach the required standard of care.
The initial conversation when someone has been injured is often with a professional when you search for “car accident lawyer near me”. A hit and run injury claim is even more complex, with the driver who may be at-fault speeding off and duty of care much more difficult to prove.
Some examples of what duty of care looks like include:
- Driving at reasonable speeds: adjusting to road, weather, and traffic conditions
- Staying alert: keeping a proper lookout for hazards and pedestrians
- Maintaining control: handling the vehicle properly at all times
- Avoiding distractions: no texting or fiddling with the phone behind the wheel
Pretty straightforward, right?
The 4x Elements of Negligence
Four very specific elements have to be proven to be successful in any road traffic accident claim. If one is missing your claim will not succeed.
Here’s what you need to prove:
Duty of Care
The law already says each driver owes a duty of care to everyone on the road. You don’t have to prove that.
Breach of Duty
Next, you must prove that the other driver breached that duty. The legal test is whether the driver’s actions fell short of what a “reasonable person” would have done in the same circumstances.
Examples of breaching the duty of care include:
- Running a red light
- Texting while driving
- Driving under the influence
- Speeding in poor weather
Causation
Now for the hard part. You have to show that the breach was the direct cause of your injuries. It’s not enough to show the other driver was negligent, you must show their act caused your injuries.
Damages
Finally, you must prove actual damages. This would include medical expenses, lost earnings, vehicle repair/replacement, pain and suffering, and any other loss.
Speeding is a frequent way for drivers to fail in their duty of care. Speeding is present in 29 percent of traffic accident fatalities, so it is a frequent cause of wrongful death claims.
Hit and Run Injury Claims and Duty of Care
Here’s where things get messy…
Hit and run accidents are particularly egregious forms of a breach of duty of care. The driver caused an accident, and then ignored their legal duty to stop, provide assistance, and exchange information.
The stats are staggering. In 2021, 2,783 fatal crashes included a hit-and-run driver, an increase of 89.4% over 1,469 in 2012. In only 10 years, an enormous surge.
So what makes a hit and run injury claim different?
The problem is that you can’t bring a claim against a driver you don’t know. Even if their breach of duty is self-evident, you have to be able to locate them to hold them to account.
Here’s what you should do after a hit and run:
- Pull over safely and get out of traffic
- Note the license plate and vehicle description
- Call the police and file a report
- Get medical attention right away
- Take photos of the scene and your injuries
If the driver can’t be located, the importance of your own insurance policy cannot be overstated. Uninsured motorist coverage may be the only method of recovery.
Tip: Uninsured motorist coverage may cover medical expenses and property damage in most states. Coverage requirements, however, differ by state.
How Comparative Fault Affects Your Case
What happens if the accident was partly your fault?
This is where comparative fault rules come in, and they can have a major impact on the amount of your recovery. Comparative negligence, in one form or another, is followed by most states. Under comparative negligence, your damages are reduced in proportion to your percentage of fault.
For example:
So, if you had $100,000 in damages and were 20% at fault, you would recover $80,000.
Some states go even further. In a modified comparative negligence state, you can only recover if you are less than 50% or 51% at fault. Cross that line and you get nothing.
This is why insurance companies will do all they can to put the blame on you. For each percentage of blame they can place on you, they have less to pay.
To protect yourself, make sure you:
- Document everything at the scene
- Get witness contact information
- Avoid admitting fault to anyone
- File a police report immediately
- Speak to a lawyer before giving recorded statements
Wrapping It Up
Learning about duty of care is the single most important thing you can do following a road traffic accident. Duty of care is the legal principle that decides who pays for what. It’s relevant for every crash that ever takes place on the road. To quickly recap:
- Every driver owes a duty of care to others on the road
- Breaching that duty through negligence makes a driver liable
- A hit and run injury claim is tough but not impossible
- Comparative fault can reduce your compensation significantly
- Strong evidence is your best weapon in any claim
Whether you got rear-ended by a distracted driver or abandoned at the scene in a hit and run, understanding your rights under duty of care law is the first step to receiving your deserved compensation.
Don’t try to deal with a major claim on your own. The insurance company has a group of lawyers working for them and they know all of the legal tricks. An experienced lawyer is someone in your corner fighting to build the strongest case possible.
