Alaska Personal Injury Lawyers

Explaining the Legal Duty of Care

Alaska Auto Accident Lawyers
Explaining the Legal Duty of Care

When Alaska auto accidents take place, they often give rise to the filing of an Alaska personal injury lawsuit.  When deciding on these cases, the law must be applied to the facts in order for a proper decision to be rendered.  One of the aspects of the law that must be applied to every Alaska auto accident situation is that which is known as the legal duty of care.  The question that must be answered is whether the defendant owed a legal duty of care to the plaintiff.  While this question is best answered by experienced Alaska auto accident lawyers, below you’ll find a brief explanation of those parties that are generally protected by this legal duty.

Other Drivers

The most basic way to think about the legal duty of care is to consider that those who can be foreseen as being affected by the defendant are usually protected by this duty.  Therefore, other drivers on the road are generally protected by the legal duty of care, as any driver could foresee harming people in other vehicles when he or she makes a mistake that causes an Alaska auto accident.

Pedestrians

Public roads are not just built for vehicles necessarily, and most roads – especially those built in population centers – are put together with pedestrians in mind.  Pedestrians who are crossing streets properly are protected by the legal duty of care, and those who may be on sidewalks or near the road could also be foreseen as potential plaintiffs if the driver of a vehicle makes a mistake that leads to an Alaska auto accident.

Bicyclists

Everyone who’s driven in Alaska understands that especially during the warmer times of the year, bicyclists are a common sight.  Bicyclists have their own rules and laws to follow, and those who are harmed by a negligent or reckless driver are protected by the legal duty of care and can bring an Alaska personal injury lawsuit if they are harmed.

Passengers

Finally, drivers always owe a duty of care to any passengers in the vehicle at the time.  When a one-vehicle accident takes place that was the result of negligence, Alaska law allows for any passengers who are harmed to bring an action against the driver for damages.

Ultimately, if you have been harmed in a collision, you need to complete some legal analysis before taking the next step.  In order to make sure this is done properly, seek the help of Alaska auto accident lawyers who have years of experience in successfully helping injured clients obtain justice.  Contact Barber & Banker today to schedule a free initial consultation.