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Explaining Legal Duties of Care

One of those elements of negligence that must be proven concerns the concept of the legal duty of care.  This duty can be somewhat complicated, and below is a brief overview of how this duty attaches to different parties who could be involved in any type of lawsuit that deals with a Las Vegas car accident .

Duty of Care Owed by a Negligent Driver

When a driver is sued for injuries that are a result of his or her alleged negligence, the court must find that the driver owed a legal duty of care to the plaintiff.  In general, every driver owes this legal duty of care to the following people:

• Other drivers on the road
• Any passengers in the vehicle
• Pedestrians in the area
• Bicyclists who are nearby 

Basically, and according to long-standing case law in the United States, a driver who was allegedly negligent owes a duty of care to not place someone in an unreasonable situation of harm to anyone who could have been foreseeable in terms of being harmed because of his or her negligence.

Duty of Care Owed by an Automobile Manufacturer

Aside from negligent drivers, automobile manufacturers also owe a duty of care to those who will be using their vehicles in public.  Most would understand that this duty of care extends to the consumer who purchases the vehicle and to anyone who may be inside the vehicle if something goes wrong, an accident occurs and people are injured.

However, this legal duty of care also extends to anyone else who may be injured as a result of someone driving a defective vehicle.  For instance, if a consumer is properly driving a defective vehicle, and the defect present in the vehicle causes an accident that harms others, the automobile manufacturer could be liable for damages to those other people even though they did not purchase the vehicle in question.

Overall, the question of proving the existence of a legal duty of care can be complicated in relation to a Las Vegas auto accident .  If you or someone you love has been harmed in such a situation, you’d be wise to allow experienced Las Vegas car accident lawyers to handle your claim for you, as these intricate questions of proof are handled every day by successful attorneys.  Contact Jack Bernstein & Associates today to schedule a free initial consultation.