{"id":355944,"date":"2019-10-28T09:02:15","date_gmt":"2019-10-28T14:02:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/traffic\/traffic-tickets\/what-does-driving-with-due-care-mean.html"},"modified":"2023-12-01T10:14:07","modified_gmt":"2023-12-01T15:14:07","slug":"what-does-driving-with-due-care-mean","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/traffic\/traffic-tickets\/what-does-driving-with-due-care-mean.html","title":{"rendered":"What Does Driving With ‘Due Care’ Mean?"},"content":{"rendered":"\n
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What Does Driving With 'Due Care' Mean?<\/h1>\n
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\n By Natalie Moritz<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most state driving laws include language that addresses variable driving conditions and your responsibility to operate your vehicle accordingly. These are often referred to as \u201cdue care" laws. Although many states’ traffic statutes<\/a> use this term, the legal expectations for drivers vary from state to state.<\/p>\r\n

If you drive regularly, you will likely encounter different conditions and hazards. Weather, traffic, and road conditions can vary greatly. These factors require you to change your driving and act defensively to keep yourself and others safe.<\/p>\r\n

What Is Due Care?<\/h2>\r\n

Because driving conditions can change quickly and drastically, drivers are legally responsible for considering what hazards may be present.<\/p>\r\n

Sometimes, the legal terms due care and careless driving are used interchangeably. Like driving without due care, careless driving involves a lack of attention or failure to use reasonable care. The specific terminology and definitions vary by state. Conversely, reckless driving<\/a> is a more serious misdemeanor<\/a> offense with more severe penalties.<\/p>\r\n

Each state sets its own laws defining what it considers due care, and some states’ definitions are broader than others. For example, Minnesota traffic law<\/a> says drivers must regulate their speed enough to prevent car accidents. In contrast, Tennessee state code<\/a> specifies acceptable behavior in much greater detail, dictating how drivers must behave around "any child or any confused or incapacitated person upon a roadway."<\/p>\r\n

Some other examples of due care laws across the nation include:<\/p>\r\n