Question
Driver was riding her motorcycle on a city street. While riding, she was listening to music. She very briefly looked down to change her playlist.
Driver was riding her motorcycle on a city street. While riding, she was listening to music. She very briefly looked down to change her playlist. While she was looking down, she failed to notice a car entering the intersection she was beginning to cross. The car hit her causing her severe internal injuries. An eyewitness came forward and indicated they saw the car fail to stop at the stop sign before entering the intersection. Driver sues the driver of the car for her injuries. What type of action would she file against the driver of the car and do you believe she would be successful in the lawsuit? (NOTE: be sure you identify and discuss each element of the tort in issue) What defenses might the driver of the car raise?
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