It is too often that serious and fatal truck accidents are reported in the news and that we learn about deaths and injuries happening to innocent people. However, it is refreshing and enjoyable to report to our readers when such accidents have happy endings and lives are saved.
According to a recent article by Fox 13, a truck driver has been hailed for his heroic acts after a highway collision. A car slammed into a semi-truck and immediately exploded into flames. The truck driver ran from his truck to the car with a fire extinguisher and along with several witnesses pulled a grandmother and her one-year-old granddaughter to safety. As a result of helping one another, everyone survived this accident.
While in this accident it is unclear who was at fault, it is nevertheless admirable that an individual went into danger to save others. However, this is also a good opportunity to discuss with our readers a legal theory known as “duty of care” under tort law. We have often discussed that drivers have a legal duty of care when they get behind the wheel of the car and to drive in a safe manner as to not cause an accident and injury to others. The duty of care is a legal obligation imposed on individuals that requires them to adhere to a standard of reasonable care while performing acts that could foreseeably harm others. In a negligence lawsuit, the plaintiff must show that the defendant had a duty of care that was breached.