What is the duty of a driver to exercise his or her "due care" in a motor vehicle accident?
California, United States of America
The following excerpt is from Zelig v. County of Los Angeles, 119 Cal.Rptr.2d 709, 27 Cal.4th 1112, 45 P.3d 1171 (Cal. 2002):
It is settled that "[u]nder general negligence principles ... a person ordinarily is obligated to exercise due care in his or her own actions so as ... not to create an unreasonable risk of injury to others.... [Citations.] It is well established ... that one's general duty to exercise due care includes the duty not to place another person in a situation in which the other person is exposed to an unreasonable risk of harm through the reasonably foreseeable conduct ... of a third person. [Citations.]" (Lugtu v. California Highway Patrol (2001) 26 Cal.4th 703, 716, 110 Cal.Rptr.2d 528, 28 P.3d 249.)
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