Breach of Duty
Definition
When a driver fails to act with the level of care that a reasonable person would in the same situation. This is a key element in proving negligence.
Real-World MVA Example
A driver who is texting while driving and rear-ends you at a red light has breached their duty of care to drive attentively.
Related Terms in Liability & Fault
Causation
The legal requirement to prove that the other driver's actions directly caused your injuries. Without causation, there is no valid claim.
Comparative Fault Threshold
The maximum percentage of fault you can have and still recover damages. Some states bar recovery at 50%, others at 51%, and some have no threshold at all.
Comparative Negligence
A legal rule that reduces your compensation by the percentage you're found at fault for the accident. Used in most states to divide responsibility between drivers.
Contributory Negligence
A harsh legal rule used in a few states where if you are even 1% at fault for the accident, you cannot recover any compensation at all.
Duty of Care
The legal obligation every driver has to operate their vehicle safely and avoid causing harm to others on the road.
Joint and Several Liability
A rule that allows you to collect the full amount of your damages from any one of multiple at-fault parties, even if that party was only partially responsible.
NEED LEGAL HELP?
Understanding the terms is the first step. Get connected with a car accident attorney for a free case review.
Free Case Review