As a driver, you play a vital role in keeping Wisconsin roads safe. This term is known as the duty of care, and it is the legal responsibility of every driver. This duty is also important to understand if you ever get injured in a car accident caused by another driver’s negligence.
If you were injured in a car crash, we encourage you to call our trusted Oshkosh car accident attorneys. We offer a free legal consultation to discuss your situation, answer your questions and help you understand your legal options. We have decades of experience and are prepared to fight for the full and fair compensation you deserve.
Call to request a free, no-risk consultation at (920) 335-1394.
What Is a Driver’s Duty of Care?
A driver’s duty of care is the legal obligation that requires drivers to take reasonable steps to operate their vehicles safely and responsibly. This duty also means taking reasonable steps to avoid causing harm to others on the road.
A driver’s duty of care includes many responsibilities, including:
- Following Traffic Laws: Drivers must obey all traffic regulations, including speed limits, traffic signals and road signs.
- Avoiding Distractions: This includes not using mobile phones or engaging in activities that divert your attention from driving.
- Being Focused on the Road: Drivers need to remain aware of their surroundings, including other vehicles, pedestrians, traffic, weather and road conditions, and potential hazards.
- Driving Alert and Sober: Drivers are required to refrain from operating a vehicle while impaired by alcohol, drugs, fatigue or even prescription medication if it causes drowsiness.
- Maintaining Vehicle Control: Drivers should always have control over their vehicles and adjust their driving speed and following distance to suit road conditions and weather.
Why Driver Duty of Care Matters
The duty of care for drivers is crucial because it directly impacts other drivers and passengers on the road. Here are a few reasons why duty of care matters:
Legal Accountability
Drivers who fail to uphold their duty of care may be found negligent. This means they did not exercise reasonable care, resulting in harm to others. They could be legally responsible for any damages or injuries if they are at fault for an accident. This accountability encourages drivers to be more cautious.
Prevent Car Accidents
The primary purpose of the duty of care is to promote safety. Drivers who follow traffic laws and act responsibly help reduce the risks of accidents involving drivers, passengers, pedestrians and cyclists.
Protect Lives
Safe driving practices help protect drivers, passengers, pedestrians and other road users. This can prevent injuries and save lives.
What Are Common Violations of the Duty of Care?
Several behaviors can constitute a breach of the duty of care. These include:
- Distracted Driving: Using a mobile phone, eating or engaging in other distractions can prevent a driver from focusing on the road. This increases the risk of accidents and is an example of breaching the duty of care.
- Speeding: Driving above the speed limit or too fast for road conditions can reduce a driver’s ability to react to unexpected hazards. This often leads to accidents and duty of care violations.
- Driving While Impaired: Driving while impaired by drugs, alcohol or other substances impacts a driver’s judgment, coordination and reaction times. This severe breach of duty significantly increases the risk of accidents.
- Reckless Driving: Aggressive driving behaviors, such as tailgating, erratic lane changes or road rage, demonstrate a lack of regard for other road users and violate the duty of care.
- Failure to Obey Traffic Signals: Ignoring traffic lights, stop signs or other signals can lead to dangerous intersections and collisions, demonstrating a breach of duty.
How Do Wisconsin Laws Enforce a Driver’s Duty of Care?
The legal system has standards to enforce the duty of care and hold negligent drivers accountable, such as:
- Negligence: Traffic laws are designed to guide drivers in maintaining a reasonable standard of care. In Wisconsin, if drivers are negligent, they could face violations like citations, fines, license suspension or even criminal charges, if it results in a crash and causes harm to others.
- Traffic Regulations: Wisconsin traffic laws, such as those governing speed limits, right-of-way and impaired driving, are designed to enforce a driver’s duty of care.
- Safety Statutes: Specific safety statutes, such as prohibiting texting while driving, also enforce the duty of care. Violations of these statutes can result in legal liability if they cause harm.
Seeking Legal Help from an Oshkosh Car Accident Attorney
If you suffer harm in an Oshkosh car accident due to another driver’s negligence, it is important to seek legal assistance without delay. Strict deadlines apply, and attorneys need adequate time to build a strong case on your behalf. If you wait too late, some attorneys may be unwilling to take your case.
At Sigman Janssen, we are prepared to help you navigate the legal process and pursue compensation. We have a proven track record of getting results. Our attorneys are committed to ensuring you focus on your recovery while we pursue compensation.
Proven Results. No Upfront Costs or Fees. Call (920) 335-1394 today.