Duty of Care and Negligence in A Traffic Accident, Explained By Bronx traffic accident attorney Glenn A. Herman

Bronx Car Accident Attorney Glenn A. Herman Explains Duty of Care and Negligence Relating to Traffic Accidents

In the United States, drivers are responsible for making the roads as safe as possible for pedestrians, cyclists, and other drivers by driving safely. The legal term for this responsibility is “duty of care.” If drivers fail to meet their duty of care, they may be charged with negligence. In this article, Bronx traffic accident attorneys Glenn & Robin Herman explain drivers’ duty of care in New York.

Driver’s Duty of Care in New York

Your right to operate a vehicle comes with the expectation that you will operate that vehicle in a sensible manner. The bare minimum expected of all drivers is to:

  • Follow all New York State traffic laws and regulations.

  • Drive with care and attentiveness.

  • Avoid causing injury to others to the best of their ability.

The definition of duty of care may seem vague, so to fully understand what drivers are responsible for, it is best to look at the opposite of duty of care, which is negligence.

Negligence in New York Traffic Law

Negligence is defined under New York Law as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” Most traffic accidents are caused by negligence. This behavior can have devastating consequences, causing severe injuries or even fatalities for those involved. Most accidents are caused by one or a combination of several of the following types of negligence:

  • Speeding or driving aggressively, which may constitute reckless driving as opposed to just negligent driving.

  • Not following traffic signs and signals, such as stop signs, yield signs, posted speed limits, and traffic lights.

  • Failing to yield to pedestrians and cyclists. Pedestrians have the right of way within marked and unmarked crosswalks when traffic signals permit them…

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