Do both pedestrians and motorists have a duty of care on the road? | Shapiro, Washburn & Sharp

Yes. The law requires a duty of care to ensure that everyone behaves in a responsible and safe manner in order to avoid causing an accident or injury to another.

Motorist Duty of Care: A motorist breaches a duty of care if they do one or more of the following:

  • Distracted driving
  • Driving under the influence of alcohol and/or drugs
  • Driving fatigued
  • Ignoring traffic rules, lights, and signs
  • Failing to yield to pedestrians

Pedestrian Duty of Care: A pedestrian breaches a duty of care if they do one or more of the following:

  • Walking or running in front of traffic
  • Crossing in areas where there is no traffic stop or intersection, jaywalking
  • Ignoring traffic signals or signs
  • Walking in traffic when a motorist has the right of way