A driver who directs attention to one observed hazard (such as a parked vehicle with hazard lights) to the exclusion of the roadway ahead breaches the duty to keep a proper lookout, even where the observed hazard was a reasonable object of attention. The obvious risk provisions in ss 5F-5H of the Civil Liability Act 2002 (NSW) apply to the duty to warn but do not apply to a driver's duty to keep a proper lookout. A bystander who has not created a dangerous situation owes no duty to warn of an obvious risk of crossing a major roadway at night.
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