what the hell is “due care”
if you run someone over how do you show you’ve done “due care”
like not running them over multiple times, backing up and doing it again?
Due care is another name for “due regard.”
Due regard means the regard that is appropriate given the totality of the circumstances.
The concept is taught during police training.
Example: police officer can use lights and siren when responding to calls, exceed the speed limit and go through red lights. However, said officer cannot blindly run a red light at 100 mph. Officer needs to approach intersection and make sure there is a clear path before proceeding.
Same concept here. If you deliberately aim your car into the middle of the rioters and hit the gas, you are probably going to have a problem. If you turn toward an opening and do you best to avoid any rioters (but they happen to get caught by your car and run over) that will be different.
but, orficer, I tried to avoid running over him as he jumped in front of my car, but the other ones were in the way, so I had no choice. Take out one or fifteen. I was being a good guy!
“Hey, I ran into your ex-wife today.”
“Oh, really? Did you back up and run into her again?”