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What are my legal responsibilities as a road user?

  • It is well established that a duty of care is owed by everyone using the road to every other road user as well as to people and property adjacent to the road.
  • If you are driving carelessly on a public road it is reasonably foreseeable that the range of people you are likely to affect may extend to:
  • drivers and passengers in and owners of other vehicles;
  • pedestrians;
  • cyclists;
  • people on adjoining footpaths; and
  • owners, occupiers of and people inside properties immediately adjacent to the road.
  • Even a police driver may owe a duty of care to a person who is being pursued because they are suspected of driving a stolen vehicle as well as to other innocent users of the road.
  • As an owner of a vehicle you owe your passengers a duty in respect of the condition of your vehicle as well as the manner in which you drive it.

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