This site uses cookies.

The elements that constitute duty of drivers

Consideration was given for the editing and publication of this post.

When dealing with cases of car accidents, the legal theory of negligence comes into play to hold the defendant responsible for the accident that led to the injuries. Therefore, knowing the elements that constitute negligence in the eyes of the law should help to establish your claim for injury compensation on a firm footing. It is the plaintiff's responsibility to prove that the other driver is responsible for the injury and damages. To do it, the plaintiff must be aware of what are the duties of a driver, so that it is possible to find out the lacunae or dereliction of duty that helps to prove that the driver was negligent. Appointing a lawyer for personal injury case should help you to build the case on solid ground.

It is the primary duty of drivers to protect pedestrians, other motorists, and passengers when they are driving on the road. To ensure safety of others, drivers must adhere to several other duties that are part of the general duty to protect others while driving. From driving at a reasonable speed to maintaining equipment and controlling the vehicle, they must discharge their responsibility in several areas.

In this article, we will discuss what constitutes the general duty of drivers so that the deviations from the laid down procedures and practices are easy to identify and use it for building a case against drivers.

Drive at a reasonable speed

The law clearly states that it is the legal duty of drivers to drive at a reasonable speed that ensures safe driving. It will be a mistake to look upon the set speed limit as safe speed because it depends on the situation and circumstances. When driving through a crowded road, drivers must drive at a speed much lower than the set limit because, in that situation, the slower speed ensures safe driving. It means that the reasonable speed is the speed that is not only within the specified speed limit but even lower with a complete focus on safe driving.

Maintain the equipment

Every driver must ensure that the vehicle they drive is in safe and sound condition so that it will not harm other vehicles on the road. It includes periodic inspection of the vehicle to ensure that it functions well, and all its operating parts are in order. In addition, the driver must comply with other statutory requirements related to vehicle safety like keeping emissions under control so that it does not exceed the specified limit.

Be on the lookout

Alertness is a virtue for drivers, and they must be constantly aware of the environment. They must be ready to encounter potential hazards from pedestrians and other motorists. When found lacking in alertness, it becomes ammunition for lawyers to prove the negligence of drivers to establish cases of car accident injuries against them.

Alertness of drivers is also related to their ability to control the vehicle in all kinds of situations because if they are attentive, they can immediately respond to emergencies and bring the vehicle to a halt.

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.