DUTY REQUIRED IN OPERATING A VEHICLE

DUTY FOR DRIVING A VEHICLE

Drivers are responsible for operating, controlling, and using their vehicles reasonably, while maintaining proper lookout for anything that could present a hazard or unreasonable risk of harm. The duty is purposely worded in such general terms because it is intended to encompass all possible scenarios. In other words, a driver is under a never-ceasing duty to exercise the degree of care required commensurate with the circumstances, which includes seeing all that should be seen. The following are examples of the duty required of motorists:

Not to drive at a speed greater that is reasonable and prudent under the existing conditions and potential hazards;
When visibility is impaired to reduce speed, maintain close lookout, and stop the vehicle if necessary;
Not to follow another vehicle more closely than is reasonable and prudent with due regard for the speed of travel and condition of the roadway;
To drive within the designated lane of travel and not cross into another lane without first determining whether the lane change can be done safely;
When attempting to pass, to make sure the circumstances of traffic, lay of the land, and conditions of the roadway allow for passing safely;
To yield the right of way to emergency vehicles utilizing audible or visual signals;
To not to attempt a left turn before ascertaining that there is no immediate oncoming or overtaking vehicles;
To not loan a vehicle to any physically or mentally impaired individual;
To maintain control of the vehicle commensurate with the weather conditions;
To maintain a safe speed in a private parking lot.

The law anticipates there are any number of circumstances that can be encountered when operating a motor vehicle. As such, the overriding duty imposed on a driver is simply to stay vigilant and to drive responsibly.