What is the duty of a driver to use reasonable care to avoid injury to another driver?

California, United States of America


The following excerpt is from Gordon v. ARC Mfg., Inc., 256 Cal.Rptr.3d 820, 43 Cal.App.5th 705 (Cal. App. 2019):

The duty to use reasonable care to avoid injuring others normally extends to those engaged in hazardous work. For example, highway workers who face the occupational hazard of working in traffic may recover for injuries caused by a third party's negligent driving. ( Neighbarger v. Irwin Industries, Inc. (1994) 8 Cal.4th 532, 536, 34 Cal.Rptr.2d 630, 882 P.2d 347 ( Neighbarger ).) This is because the roadworker's task is to fix the road, not to face oncoming traffic.

Other Questions


Can a plaintiff in a motor vehicle personal injury action take action against the driver of the vehicle involved in the collision, if the original complaint does not name the driver? (California, United States of America)
In what circumstances will a jury not award a second degree murder verdict for a driver who ignored a warning sign and veered into the median to avoid a collision with another car? (California, United States of America)
What is a lawyer's obligation to take reasonable steps to avoid reasonably foreseeable prejudice upon withdrawing from representation of a client? (California, United States of America)
In what circumstances will a jury not award a second degree murder verdict for a driver who ignored a warning sign and veered into the median to avoid a collision with another car? (California, United States of America)
What is the test for liability in a motor vehicle accident where the driver was struck by a piece of metal falling out of the window of a moving vehicle and causing injuries to the driver? (California, United States of America)
What is the test for evidence that the appellant could reasonably reasonably reasonably expect the appellant to have knowledge of a crime? (California, United States of America)
Can a driver who kills another while driving under the influence of alcohol or drugs be convicted of second degree murder if the driver acted with implied malice? (California, United States of America)
What is the difference between a reasonable and unreasonable plaintiff and a reasonable plaintiff under a "reasonable implied assumption of risk" approach? (California, United States of America)
Does a finding that the circumstances might also reasonably reasonably be reconciled with a contrary finding in a personal injury case have to be reversed? (California, United States of America)
In what circumstances will a police officer issue a written warning to a driver for failing to return documents and return documents to the driver when the driver's dog sniffed drugs? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.