A driver is texting and runs into a pedestrian crossing the road at a crosswalk. The pedestrian suffers a broken leg and is rushed to the hospital.

Is the driver liable for negligence if the pedestrian sues?

• Yes, because the driver had a duty of care which was breached by texting while driving, and the pedestrian had legally recognizable injuries directly resulting from that breach.
• No, because it would be difficult to prove that the driver's texting was the proximate cause of the pedestrian's broken leg.
• No, because even though the driver was texting while driving, the pedestrian had a duty to look out for possible dangers before entering the crosswalk.
• Yes, because the driver broke the law by texting while driving.