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Drivers Who Are A Danger To Others On The Road
Many drivers obey traffic laws and rules. They fulfill the duties they owe other drivers and users of the highway. However, many do not, and they are a danger to those around them. Sometimes auto accidents occur as a result of someone's failure to follow the rules and duties as a driver. This failure can result in property damage, lost wages, physical injury and pain and suffering or in the worst of situations death. When this happens often a personal injury case is brought on behalf of the injured person for negligence or wrongful death.
Many drivers don't understand what duties they owe to others on the road. Below is a list of duties that all drivers owe to one another in Kentucky.
What Duties Does A Driver Have In Kentucky?
The law requires drivers to use reasonable care to avoid harming anyone encountered on the road. But what exactly does this entail? Here are some examples of specific requirements that the law has imposed. If a driver fails to meet these requirements, he or she may be found to have violated the driver duty of reasonable care.
- Driving at a reasonable speed. Drivers have a duty to drive at a reasonable, prudent speed. A person who drives at a speed that is unreasonable in light of the existing traffic, road, visibility, and weather conditions may be negligent. Even driving at the speed limit can be considered negligent. For example, visibility is low, the weather is bad, or the circumstances warrant particular caution (driving by a school where you can expect children to be crossing, for example).
- Vigilance and keeping a proper lookout. Drivers have a duty to be alert and to maintain a careful lookout for other vehicles, pedestrians, and road hazards. Drivers are expected to see the things that an ordinary, prudent person would see. A failure to keep a proper lookout -- by, for example, failing to take care when driving by a road construction site or a school crossing -- can constitute negligence.
- Maintaining control of the car. Drivers are expected to keep their car under control by, for example, being able to stop quickly. Negligence may be inferred if a car loses control (such as overturning or leaving the road) for no apparent reason.
- Maintaining and using the car's equipment. Drivers are expected to maintain their vehicles in safe working order. For example, lights and brakes should be working properly.
Driver Duties Imposed By State Law
Each state has motor vehicle laws governing how drivers are expected to behave on the road. In certain circumstances, violating a motor vehicle law gives rise to a "presumption" of negligence -- meaning that the defendant must present evidence to prove that he or she was not negligent (rather than requiring the plaintiff to prove that the defendant was negligent).
Examples of conduct that may give rise to a presumption of negligence include:
- driving under the influence of drugs or alcohol
- violating right-of-way rules, including a pedestrian's right of way, and
- driving on the wrong side of the road.
How Hurst & Hurst Helps Car Wreck Victims
The attorneys at Hurst & Hurst can help determine if you have viable claim and assist in determining if the potential Defendant has insurance or is financially in a position to be able to compensate you for your injuries. If we agree that you have a good claim, we can assist in negotiating a settlement or bringing a lawsuit on your behalf. In Personal Injury Cases, we work off of a contingent fee. This means you do not have to pay us anything up front, our fee is earned as a percentage of what you are paid. If we don’t settle your case or win at trial, then you owe us nothing.
If you have questions about the a driver's duty of reasonable care, car wrecks or about bringing a personal injury claim contact an attorney experienced in personal injury negligence claims as soon as possible after your accident. If you or a loved one has been injured in a personal injury, such as a car wreck or wrongful death, please contact one of the attorneys at Hurst & Hurst at (859) 209-2101.