Very easy question (promise!) ~ Tort

Jim was driving his car along Poppleton High Street at 40 mph (it is a 30 mph zone), when his mobile telephone rang. As he was reaching across to retrieve the telephone, he lost control of his car, which mounted the pavement and caused serious injury to Carol, a pedestrian

Hey there. I got my coursework questions a little while ago, and I was attempting the Tort one. Here is part of the question (that I'd like help on):



My question is simple. As far as I am aware, drivers already owe a duty of care (to the general public?) to drive in a careful etc way.
So, where there is an already established duty of care... Do I literally just write "There's a duty of care here."? That sentence looks remarkably lonely in my answer. What is the best way of writing this?
[or: You tell me there isn't an established duty of care so I must use Donoghue v. Stevenson and I look like an idiot and learn from my mistake]

Bonus question:
I don't actually know anything about driving; I'm not allowed to drive or accept lifts from people outside my family. I had the belief that speeding and/or using mobiles while driving was bad practice (and only illegal if you get caught... lol), but at the same time, EVERYONE seems to do it.
I expect a facepalm from all the readers of this question, but I presume it is not correct to say "Yeah, well... most people use their mobiles or speed when driving. And hey, he wasn't even speeding that much. So let the poor chap off as he's met the general standard of care."
Please tell me I'm being silly. I will worry about this until someone slaps me 'round the face and says "Don't be damn stupid, of course he hasn't met the standard of care". Will someone clarify for me?

Thanks!!

If it's obvious there is a duty of care, you actually don't need to cite all the elements (although if it's for coursework, it may be different). Why waste everyone's time on something obvious (I don't mean to sound rude - this is pretty much the wording i was given by my supervisor last year when we asked the exact same question ). You can just say "Drivers owe a duty of care to the general public to drive carefully. As such there is a duty of care here". Especially if you need the spare words for something else. If you *really* want, cite Donoghue v Stevenson for the neighbour principle to back up your case.