Can Refusal To Help An Accident Victim Get Viewed As A Negligent Act?

No one that becomes involved in an accident is expected to behave like a hero or saint. The legal system has not created a duty to rescue someone in trouble.There is one exception to that freedom from the need to attempt a rescue. That exception comes into play if you had forced someone to deal with a troublesome situation. In that case, you would be expected to do your best to move the same person out of trouble, upon hearing his or her call for help.

The legal system does place certain expectations on drivers.

If a motorist gets caught in an accident scene, then he or she is expected to check on the health of all the vehicle’s passengers. If any have been injured, the driver is supposed to arrange for medical help. Personal Injury Lawyer in Cambridge know that drivers that have carried out that responsibility have another job. They are expected to notify law enforcement about the accident.

The legal system also recognizes the existence of certain special relationships.

If one of the 2 parties in a special relationship seeks help, the other party is supposed to offer assistance.

• A parent should offer a hand to a son or daughter, if the 2 of them are crossing the street.

• A student or a school administrator should care for a student that has become ill or has been injured.

• The driver of a bus or train must take whatever steps are necessary, in order to care for the passengers.

• An employer can be held responsible if an employee has become involved in an accident, while driving around at the request of the employer.

• If one spouse were to call for help, the other spouse would be expected to offer assistance. An adult living with a spouse that has a heart problem might want to give serious consideration to taking CPR courses.

The relationship between the social host and the guest has gained legal recognition fairly recently. The increased emphasis on that relationship developed as the number or drunk driving incidents increased.

If a social host has a young guest, someone that is not yet at the drinking age, it then becomes the host’s job to at least limit the number of drinks enjoyed by that same young person. By the same token, hosts are supposed to work to keep drunk guests from sitting behind a steering wheel.

In other words, a host should look for someone willing to take the inebriated guest home. If no one can be found, then it becomes the host’s job to contact a taxi or Uber, or to drive the guest to his or her residence. If necessary, the younger person should assume the role of overnight guest.