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Glossary

Duty of care

The legal obligation to act with reasonable care toward others. Every driver owes it to everyone else on the road.

Last reviewed By the Editorial team 2 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

Duty of care is the legal obligation to act with reasonable care toward others so you don't cause them harm. Every driver owes it to everyone else on the road: other drivers, passengers, pedestrians and cyclists.

In a car accident claim#

Duty is the first of four elements of a Negligence. Failing to use the care a reasonable person would use in the same situation, such as running a red light or texting while driving. Glossary claim. The others are a breach of that duty, Causation. The link between someone's careless act and your injury. You must show the crash caused the harm you are claiming. Glossary and damages. Whether a duty exists is a legal question for the court, but for drivers it is rarely in dispute. The real fight is usually over breach: did the driver fail to act as a reasonably careful driver would?

Common breaches include speeding, texting, running a red light, following too closely and failing to yield. Traffic laws help define what reasonable care means, and in some states breaking one can count as Negligence per se. Breaking a safety law, such as a traffic or trucking rule, that was meant to prevent the kind of harm that happened. In many states it proves negligence or strongly points to it. Glossary. Duties are not limited to drivers: a trucking company, a car owner who lends a car, or a bar that serves alcohol may owe duties of its own. Our guide to car accidents walks through how each element is proven, and the accident types hub covers the special rules for trucks, motorcycles and more.

Example#

Questions people ask

Who decides whether a duty of care exists?

The judge. Whether one person owed another a duty is treated as a question of law. Whether the person met that duty is usually a question of fact for the jury.

Do pedestrians and cyclists owe a duty of care too?

Yes. Everyone using the road must act with reasonable care. If a pedestrian's or cyclist's own carelessness helped cause a crash, it can reduce or, in a few places, bar their recovery.

Sources

  1. Cornell Law School, Legal Information Institute, Wex: duty of care — general definition
  2. Cornell Law School, Legal Information Institute, Wex: negligence — the elements of a negligence claim

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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