Driver’s Responsibility

Driver’s Responsibility

Duty of Motorists

Most will recall drivers ed and taking both the written test and driving test preliminary to obtaining a driver’s license.  Obviously, the goal was to attempt to educate drivers on the proper and safe use of a motor vehicle on public roadways.  Generally speaking, motorists have a duty to operate, control and use their vehicle reasonably and to maintain a proper lookout for hazardous situations that might pose a risk of harm.  Drivers have a duty to other motorists to exercise reasonable care and to see that which should be seen and observing all traffic control devices.  In other words, it is not enough to merely obey traffic signs, etc. To the contrary, a driver must not only obey the traffic signs but also remain vigilant for any hazards or other conditions that could be dangerous.  An example of this duty to observe potential hazards would be a ball rolling into the street….a reasonable driver would be expected to assume that a child might run into the street chasing the ball.  On the other hand, while there is a duty to be observant and drive responsibly, a driver is not charged with the duty to guard against unusual or unexpected hazards not normally encountered and difficult to discover.

Drivers not only have a duty to observe potential hazardous situations but also to refrain from creating any such hazardous situations.  In this day and age of electronics, it is little wonder that the use of phones and other electronics while driving have raised grave concerns about the unsafe operation of vehicles while using such devices.  Indeed, the concern has risen to such a heightened level that the Louisiana legislature has enacted legislation making the use of such devices while operating a motor vehicle a primary offense for which law enforcement can issue citations.  Thus, it goes without saying that the use of electronics while driving is a violation of not only the duty owed to other motorists but a violation of the law no different than running a red light or stop sign.

Lastly, the duty owed to other motorists is commensurate with the circumstances.  In other words, the greater the potential danger, the greater the degree of care required.  An example would be the situation of driving while visibility is impaired due to fog.  It would not be enough that a driver in such foggy conditions maintained the posted speed limit.  Any such driver confronted with this situation must reduce speed and maintain an even greater lookout, and if necessary, stop his/her vehicle.

Cle’ Simon

For more than 75 years the Simon family has carried on a family tradition of restoring lives in local communities and throughout the stat of Louisiana. At Simon Law Offices, I have proudly embraced this tradition and strive every day to continue the legacy. Simon Law Offices are Cajun Strong and restoring lives throughout Louisiana, one client at a time.

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