Please explain “duty to avoid an accident”.
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Please explain “duty to avoid an accident”.
Does a driver breach his or her duty to avoid an accident if he or she attempts to avoid the accident in all possible and reasonable ways, but the accident still occurs? Does “duty to avoid an accident” mean you must avoid the accident in order to fulfill your duty? Or does “duty to avoid an accident” mean that TRYING to aviod the accident fulfills your duty? Thank you.
Asked on May 15, 2009 under Accident Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
"Duty to avoid" means that you must attempt to avoid the accident, or you’ll be liable for damages. Therefore if an attempt was made, even if an accident still occurred, you have fulfilled your duty.
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