Please explain “duty to avoid an accident”.

Get Legal Help Today

 Secured with SHA-256 Encryption

Please explain “duty to avoid an accident”.

Does a driver breach his or her duty to avoid an accident if he or she attempts to avoid the accident in all possible and reasonable ways, but the accident still occurs? Does “duty to avoid an accident” mean you must avoid the accident in order to fulfill your duty? Or does “duty to avoid an accident” mean that TRYING to aviod the accident fulfills your duty? Thank you.

Asked on May 15, 2009 under Accident Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

"Duty to avoid" means that you must attempt to avoid the accident, or you’ll be liable for damages.  Therefore if an attempt was made, even if an accident still occurred, you have fulfilled your duty.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption