Duties of the road user
Duties of the road user

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • Duties of the road user
  • What is the duty?
  • What is the standard of care?

Road traffic accidents are a prolific source of work for personal injury practitioners, giving rise to claims that span the full spectrum of severity and complexity. The principal cause of action is negligence: though there are times when statutory duties, nuisance or contract are relevant, the legal framework for the great majority of claims is the duty to drive with ordinary care and skill.

What is the duty?

A road user owes a duty to take reasonable care to avoid doing or omitting to do anything that they can reasonably foresee would cause injury to others. It is not relevant that the road user might not be able to foresee injury to the particular road user that suffers injury, all that needs to be shown is that the road user would be able to foresee injury to other road users in general.

In the context of road tr

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