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What is a non delegable duty and how does it affect my driving?


Suppose you’re driving down Oliver and you stop to make a left turn across traffic. The oncoming traffic is heavy and backed. Suddenly there is a break in the traffic and a kindly motorist motions you to go. You pull out in front of that car and on across the next lane of traffic on your way to your final destination. Suddenly a car in comes out of nowhere and slams into you. You sit there somewhat confused wondering how the person that motioned you to go could not have seen the car. What can you do. You don’t feel like you did anything wrong. You trusted the driver who told you the way was clear. It’s his fault… or is it?

It is your responsibility to determine if it is safe for you to cross the road. Your duty to keep a proper look out when you drive is a rule of the road that you cannot entrust to someone else. It’s called a non-delegable duty. Non delegable duties are specific obligations that cannot be reassigned to another individual. With non delegable duties, it doesn’t matter what steps have been taken to transfer the duty from one individual to a new individual, it simply can’t be reassigned. In other words, if you trust someone who tells you its safe and that person is wrong; its still your fault.

If you have been injured by a driver who was not paying attention then call us at 269-1414. There is charge for the initial meeting and if we take your case we won’t charge you a dime unless we recover money for you.

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Ray Hodge & Associates proudly represents victims and their families across the state of Kansas, including Wichita, Andover, Derby, Goddard, Haysville, Mulvane, Rose Hill, Newton, El Dorado and Hutchinson. Call today for a free consultation all over the state of Kansas. We have proudly served clients in Sedgwick, Butler, Sumner, Harvey, Kingman and Reno Counties.