Define “Duty to Look Out”

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Define “Duty to Look Out”

Is there a universal accepted definition of “Duty to Look Out”? If there is, what is that definition? If there is not, what are the differences in the definitions used?

Asked on May 15, 2009 under Accident Law, Colorado

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

The duty to look out or duty of lookout is a  widely used term by most states, and generally means that drivers are to keep a reasonable lookout for other drivers, motorcyclists, bicyclists, pedestrians, and people in wheelchairs.  If you look but fail to see something plainly visible to the average person, you are negligent and therefore may be held liable for an accident which occurs as a result.  In some states the term "proper lookout" is used and that requires a driver to see what a person exercising ordinary care and caution would see under similar circumstances, and to take those steps necessary to guard against an accident.  Simply stated, "proper lookout" requires a driver to pay attention to the road and other drivers in an effort to avoid accidents.  Failure to observe the proper lookout is legal negligence.  Some states make lookout part of a general duty of care. To meet this standard or duty of care, drivers must: Operate the vehicle at a reasonable rate of speed, Keep the vehicle under proper control and Look out for all situations that could cause an accident.


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