Duty of care

A duty of care is a legal obligation to take reasonable care to avoid causing harm to people who could foreseeably be affected by your actions.

Every road user owes this duty to everyone else on the road: drivers, passengers, cyclists and pedestrians. It is rarely disputed in a motor accident case. What is usually argued is whether the duty was breached.

The duty is the first of three elements a negligence claim needs. The others are breach, and that the breach caused the harm.

Who is at fault explains how these elements are proven together. When fault is disputed, an independent lawyer can put the evidence together for you.