Lee Law Firm logo
(973) 315-9080

Hablamos Español!

Motor Vehicle Accidents—The Duties of Drivers

Motor Vehicle Accidents
August 31, 2020
By
Lee Law Firm , LLC

What Must a Driver Do to Exercise “Reasonable Care”?

In a civil lawsuit for injuries suffered in a motor vehicle accident, the legal principle of negligence usually applies. Under that theory, the injured party must prove that the defendant caused the accident by failing to use reasonable care. Statutes generally don’t specify the behaviors that constitute a failure to use appropriate care, but there are certain duties that juries consistently deem to be wrongful:

  • Failure to drive at a reasonable speed—In most instances, this means driving too fast, either in violation of posted speed limits or without due regard for the circumstances, such as inclement weather or construction. It also can mean driving too slowly—for example, traveling 10 miles per hour on an expressway may be unreasonable under certain circumstances.
  • Failure to monitor the road and traffic—Distracted driving is one of the leading causesof injury on the roads. Juries typically hold that a driver has a duty to be alert and monitor the roadway for other vehicles or hazards.
  • Failure to maintain control of the vehicle—It’s reasonable to expect a driver to maintain control of his or her car, employing proper turning, signal, acceleration, and braking actions.
  • Failure to maintain the vehicle—Drivers are expected to conduct routine maintenance on their vehicles to ensure that all components are in safe working order, including brakes, steering, lights, and tires.

It’s important to understand that there are no hard and fast rules about what constitutes a breach of the duty of care by a motor vehicle operator. It’s determined by the jury on a case-by-case basis.

Contact Our Office

At Lee Law Firm, we have extensive knowledge and experience successfully handling personal injury claims. We take all personal injury cases on a contingency basis—you won’t pay any attorney fees unless we recover compensation for your losses.

Call us at 973-315-9080 or contact us online to schedule an appointment. We are available to meet with you evenings and weekends, if necessary. We welcome all major credit cards. ¡Nosotros hablamos español!

Related Blog Post

car driving safety seatbelt

Seatbelts and Car Accident Claims in New Jersey

June 9, 2022
By
Lee Law Firm , LLC
New Jersey Personal Injury Claims
Can You Recover Damages If You Weren’t Wearing a Restraint? Under New Jersey law, when a motor vehicle is in motion on public property, all occupants must be wearing an authorized seatbelt, regardless of where they are sitting. Sometimes, however, we get distracted and forget. What happens if you are involved in a motor vehicle […]
motorcycle crash accident

Determining the Value of a Motorcycle Accident Injury

May 4, 2021
By
Lee Law Firm , LLC
Motor Vehicle Accidents
What Factors Are Considered When Evaluating Your Claim? If you’re hurt on a motorcycle, while either operating the bike or riding as a passenger, you may have a right to seek compensation for your losses, including lost earnings, unreimbursed medical expenses, physical pain and suffering, loss of enjoyment of life, and loss of companionship/consortium. How do […]
statute of limitations

Suspending the New Jersey Statute of Limitations for Personal Injury

September 8, 2023
By
Lee Law Firm , LLC
New Jersey Personal Injury Claims
Extending the Time for Filing a Lawsuit to Recover Compensation for Your Losses When you are injured in New Jersey in any type of accident caused by someone else’s wrongful act, you have the right to file a personal injury lawsuit, but you must typically do so within two years of the date of your injuries. […]

PROUDLY SERVING THE STATE OF NEW JERSEY

Email us using this contact form and we will quickly reach back out with answers.

lee law firm Springfield map

SPRINGFIELD OFFICE

150 Morris Ave. Suite 202 
Springfield, NJ 07081
 (973) 315-9080
(973) 315-9081
GET DIRECTIONS

NEWARK OFFICE

600 Mt. Prospect Avenue
Newark, NJ, 07104
 (973) 315-9080
(973) 315-9081
GET DIRECTIONS

SERVING AREAS

Springfield
Elizabeth
East Orange
Perth Amboy
Essex County
Passaic County
Bergen County
Hunterdon & Somerset County
Newark
Clifton
Plainfield
Jersey City
Union County
Middlesex County
Hudson County
Monmouth County
© 2024 Lee Law Firm, LLC . All Rights Reserved. Terms & Conditions | Privacy Policy
Powered By: