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What is “Duty of Care”? How Does It Affect Your Auto Accident Case?

editor • Apr 09, 2021

What Is Duty of Care? 

Duty of care means that a motorist has the duty to operate his vehicle in a thoughtful and careful manner. If the driver did not operate his vehicle in this way, he will be determined to be negligent and the cause of another person’s injuries. For example, a person is negligent in a car accident if he does something that he should not have done. He can also be negligent if he didn’t do something that he should have done.

How Does Duty of Care Affect Car Accident Cases? 

In the court system, a car accident attorney in Fairfield NJ will use the concept of negligence to prove that the at-fault party is responsible for his or her client’s injuries. A motorist has the obligation to use care when driving along the public roads so that pedestrians and other motorists are not injured in a collision. If a driver does not assume the appropriate duty of care, he will be responsible for paying the medical expenses of those injured in a car collision.

In order to prove that a driver is responsible for a car collision, the injured party’s Fairfield NJ personal injury attorney must demonstrate that the at-fault motorist was negligent. This means that the Fairfield NJ personal injury lawyer can prove the following:

  • Under the law, the at-fault driver had the responsibility to follow a duty of care: When other motorists, their passengers and pedestrians come in contact with a motorist, the motorist is required to proceed with caution.
  • The at-fault driver failed to drive in a careful manner: If the motorist failed to exercise the proper duty of care, this means that he “breached” the duty of care. The personal injury attorney in Fairfield NJ will ask if the at-fault driver behaved as a reasonable person would have under the circumstances. If not, the motorist breached the duty of care.
  • The at-fault motorist’s conduct must be the reason that someone was injured: The Fairfield NJ car accident attorney must show that the at-fault motorist’s actions are the reason that his or her client was hurt.
  • The last thing a Fairfield NJ car accident lawyer will need to demonstrate is that the victim was injured and suffered losses because of the at-fault party’s negligence. The plaintiff must show that she experienced pain and suffering, medical bills, lost wages and damage to her vehicle to be offered monetary compensation for her injuries and property damages.

Other Duties of Care

The state also imposes other duties of care on motorists for the privilege of driving on the public roads. For example, motorists must not drive under the influence of drugs or alcohol, and they must obey all traffic laws. In addition to that, they are required to drive their vehicles with reasonable care. This means that they must not drive recklessly in rainy weather or while in heavy traffic.

Hire Us at the Law Offices of Faloni & Associates

If you have been injured in a car accident, the only thing that you need to do is hire us at the Law Offices of Faloni & Associates. You are within your rights to represent yourself if you decide to sue the at-fault driver, but our car accident attorney in Fairfield NJ has experience fighting for her clients in a court of law. Our attorney has ample experience investigating car accidents and gathering the evidence that she needs to demonstrate your claims to the court.

Filing a lawsuit is not always something that people want to do. Our Fairfield NJ personal injury attorney also has experience negotiating with insurance companies so that you can receive a fair settlement without having to enter into a courtroom.

Contact us today so that we can make you whole again.

 

 

 

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