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Do drivers owe one another a legal duty of care?

On Behalf of | Apr 29, 2025 | Personal Injury

In California, drivers are legally required to act with reasonable care when operating a vehicle. This obligation, known as a duty of care, exists to protect others on the road from preventable harm. Whether someone is commuting on a highway or turning through a neighborhood intersection, they are expected to drive in a manner that does not endanger others.

This legal concept plays a central role in personal injury law. When someone fails to drive responsibly and causes a crash, they may be liable for any injuries.

What is the legal basis for duty of care?

The duty of care in driving is outlined in California Civil Code Section 1714, which states that people are responsible for the consequences of their actions when they fail to exercise reasonable care. In the context of driving, this means obeying the law, staying focused, and avoiding behavior that could foreseeably lead to injury.

Drivers implicitly agree to this responsibility when they obtain their license. By choosing to operate a motor vehicle, they take on the obligation to drive safely and consider the well-being of others, including other drivers, pedestrians and cyclists.

When drivers breach this duty

A breach of duty can lead to serious consequences. Common breaches of duty include:

  • Running stop signs or red lights 
  • Driving under the influence of drugs or alcohol 
  • Texting or using a phone while driving 
  • Failing to yield 
  • Excessive speeding 

These behaviors are typically considered negligent. If such actions cause an accident, the at-fault driver may be liable for damages.

When an accident results from a breach of duty, the injured party may file a personal injury claim. Successful claims must show that the driver failed to meet their legal duty of care and that this failure directly caused harm. Compensation can cover medical expenses, lost income and other losses.

 

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