November 5, 2016

Understanding Duty of Care

Truck accidents often result in more serious accidents than many types of vehicle accidents. This is probably most apparent when a truck strikes a pedestrian. According to the National Highway Traffic Safety Administration, nearly 5000 pedestrians are killed in motor-vehicle accidents and more than 75,000 people are in injured in those types of accidents. One main factor that is examined is the “duty of care.”

Lawsuits concerning pedestrian vs motor vehicle accidents often focus on the duty of care of both the driver as well as the pedestrian. This duty of care simply refers to the fact that not only drivers, but pedestrians must adhere to the rules of the road and exercise proper caution when situations call for it.

Many factors come into play as lawyers argue duty of care and the cases can become quite complex. The courts often examine multiple factors due to negligence in the process.

The driver’s duty of care may be considered common rules of the road. Any failure on the part of the driver to use caution or obey the law is considered negligence. Drivers must remain focused, drive the speed limit or below and yield to the right of the way of pedestrians in crosswalks. A driver must also obey all traffic signs, signal properly when turning, consider weather conditions and not drive impaired by any drugs or alcohol.

In addition, drivers must be more vigilant when young children are or may be nearby. Therefore, it is even more important when driving near schools, parks or through residential areas.

Of course, the pedestrian’s duty of care will also be under scrutiny. A pedestrian must follow walk or don’t walk signs at intersections, must not enter moving traffic, must use marked crosswalks or lights designating crosswalks and must not dash in front of any moving motor vehicle.

These many factors and more are considered in any case involving a pedestrian and a truck. You need an experienced truck accident attorney by your side to fight on your behalf. Call today for your free, initial consultation.

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