What Is a Driver’s Duty of Care in Harrisburg?

Driving is a daily task for many individuals who are getting from one destination to another. Yet, every time we get behind the wheel, we take on a significant responsibility to ourselves, passengers and everyone else on the road. This responsibility is known as the duty of care.

If you have been involved in a car accident with another driver who violated their duty of care, you may be eligible for compensation. Our Harrisburg’s car accident attorneys at Schmid Kramer can help determine if you may have a case.

Call our office today to discuss your potential legal options. (717) 727-2500.

What Does Duty of Care Mean?

The duty of care refers to the legal obligation drivers have to operate their vehicles safely and responsibly. This duty is meant to protect everyone on the road, including pedestrians, cyclists and other drivers. When a driver breaches this duty, they can be held liable for accidents or injuries. However, liability must be determined for car crash victims to get the compensation they need to recover from injuries and damages.

Examples of Duty of Care

Some examples of responsibilities drivers have under this duty of care include:

• Obeying Traffic Laws: Following speed limits, stop signs and traffic signals.
• Staying Alert: Avoiding distractions such as texting, eating or using in-car entertainment systems.
• Maintaining Control: Driving sober and avoiding reckless behavior.
• Vehicle Maintenance: Ensuring the vehicle is in good working condition, including brakes, lights and tires.
• Adjusting to Conditions: Adapting driving to current road conditions, such as slowing down in bad weather or heavy traffic.

How Does the Duty of Care Apply in Different Driving Conditions?

The duty of care drivers have requires them to adapt to various road conditions to ensure safety. Here is how the duty of care can be applied to different scenarios:

Adverse Weather Conditions

Weather conditions like rain, snow or ice could require drivers to reduce their speed and increase the following distance. Using headlights to improve their visibility, especially in heavy rain, snow fall or fog.

Night Driving

Nighttime drivers who are traveling across state lines, such as truck drivers, may frequently struggle with fatigue. It is important for them to take breaks and avoid driving if they feel drowsy. Some drivers may be tempted to drive faster to get to their destination faster. However, driving while drowsy could cause them to nod off and swerve into another lane or crash into another car.

While driving at night, it is important to:

• Use headlights appropriately and as required by law
• Avoid looking directly at oncoming lights to avoid being blinded
• Be aware of pedestrians and animals

Heavy Traffic

Driving in heavy traffic when the roads are congested could increase the chance of a car crash. This is a situation where a duty of care would indicate drivers should:

• Adjust their speed
• Avoid aggressive driving
• Be patient
• Check for blind spots

Construction Zones

Drivers need to stay alert while driving in construction zones, watching for detour signs that could require unexpected turns or driving on unfamiliar roadways. It is also crucial for drivers to reduce speed while going through construction zones to avoid accidents that could involve workers, equipment or other drivers.

Urban Areas

In urban areas, drivers should watch out for pedestrians who may be at crosswalks and intersections. It is also important to share the road and give cyclists enough space when passing.

Determining Who Violated the Duty of Care

To establish liability in a car accident, victims must prove the at-fault driver breached their duty of care. Key steps include establishing:

• Breach of Duty: Showing the defendant failed to act as a reasonable person would under similar circumstances.
• Causation: Demonstrating that the breach of duty caused the injury or harm.
• Damages: Providing proof of actual damages, such as medical costs, resulting from the breach.

Evidence used to determine liability may include:

• Police Reports: Official accounts of the accident, including traffic violations.
• Witness Statements: Insights into the actions of the drivers involved.
• Traffic Camera Footage: Visual evidence of how the accident occurred.
• Driver and Passenger Statements: Accounts of the events leading up to the crash.
• Medical Records: Documentation linking injuries to the crash.
• Vehicle Repair Estimates: Financial impact of the damage caused.
• Cell Phone Records: Indications of phone use at the time of the accident.
• Expert Witness Reports: Analyses from professionals, like accident reconstruction experts, to explain and clarify complex details.

How Do Harrisburg Drivers Breach the Duty of Care?

Despite the responsibilities drivers have to others on the road, breaches are common and include:

• Distracted driving: Texting, eating or talking on the phone while driving.
• Speeding: Driving above the speed limit or too fast for road conditions
• Driving under the influence: Operating a vehicle while under the influence of drugs or alcohol impairs judgement and reaction times.
• Ignoring traffic signals: Running red lights, failing to stop at stop signs or not yielding the right of way
• Reckless driving: Aggressive driving behaviors like tailgating, weaving through traffic or making unsafe lane changes
• Failure to maintain vehicle: Not keeping a vehicle in good working condition, such as having faulty brakes or worn-out tires

While many individuals breach their duty of care as a driver, it is still their responsibility to take reasonable measures to prevent causing harm to others. Failing to do so could make them liable for any damages that result from a crash they cause.

Call Schmidt Kramer After a Harrisburg Car Accident.

Dealing with the aftermath of a car crash is often overwhelming. This is especially true for victims with injuries who do not have legal assistance.

At Schmidt Kramer, we can help you understand your rights and whether you may be eligible to recover compensation for medical costs and other losses. We want you to be able to focus on healing. If you are experiencing injuries that makes it difficult to work or have financial hardship, we are prepared to fight for the compensation you need.

During a free consultation, you can speak with one of our lawyers to discuss the details of your situation.

Schmidt Kramer. We Get You Results: (717) 727-2500.