What constitutes a “legal duty” for a charge of DUI causing injury?
There are a number of duties that drivers must uphold to maintain safe driving for everyone. Any vehicle code violation that causes injury may serve to fulfill a neglect to fulfill a “legal duty.” One of the more common duties that is breached in these types of cases is the drivers duty to exercise ordinary care at all times and to maintain proper control of the vehicle. This duty is usually breached when the driver is driving under the influence and ends up getting into an accident. From the accident, another person is injured. Therefore, the driver failed to perform a legal duty and a DUI causing injury will be charged.
