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What Are Legal Duties of Care and Why Are They So Important For Your Personal Injury Case?

If you’ve been seriously injured in a car wreck on Interstate 215 (I-215), I-95, or any other road/highway in and around Vegas, you may decide to file a personal injury claim with the representation of a Las Vegas injury lawyer. If a lawsuit needs to be filed, a set of “proof requirements” will need to be properly completed in court in order for your case to prevail.

A key element of negligence that must be proven deals with the concept of the legal duty of care.  When the at-fault driver is sued for injuries that were caused by their negligence or recklessness, the court must find that the driver owed a legal duty of care to the plaintiff (i.e. you).  In general, every driver owes this legal duty of care to the following people:

  • Other drivers on the road
  • Any passengers in the vehicle
  • Pedestrians trying to cross the street and on sidewalks
  • Bike and scooter riders who are nearby

Essentially, a driver who was negligent owes a duty of care to not place someone in an unreasonable situation of harm to anyone who they could have foreseen as potentially being harmed by their reckless or negligent driving.

Negligent drivers aren’t the only ones who have a duty of care. Car manufacturers also owe a duty of care to those who will be using their cars, trucks, SUVs, and motorcycles on public roads. This duty of care extends to the person who purchases the vehicle and to anyone inside the vehicle when a serious accident occurs. But this legal duty of care also extends to anyone else who suffers a serious injury as a result of someone driving a defective vehicle.

Take, for example, someone properly operating a defective vehicle, and the defect (e.g. brake failure, sudden acceleration, electrical malfunction) results in a major accident that injures a pedestrian crossing the street or another driver. The automobile manufacturer could be liable for damages to those other people even though they did not purchase the vehicle in question.

The duty of care standards can be somewhat complicated, which is why it’s wise to consult with an injury attorney. Give me a call for a free, no-hassle consultation so we can explore your legal options.