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Driver, who is visiting his sister in State while on vacation, is driving his beloved two-seater convertible car with the top down. It is an

Driver, who is visiting his sister in State while on vacation, is driving his beloved two-seater convertible car with the top down. It is an older model, small convertible that Driver treats as his baby. He loves his car so much that he named her "Connie." Driver is enjoying life as he travels down the street on the way to his sister's home: the sun is beaming on his face; what little hair he has left is whipping through the wind; and he is singing along to his favorite country songs. Driver is not wearing a seatbelt, which is a misdemeanor in State. Although Driver is not aware of the seatbelt law, he would honestly go without a seatbelt, even if he were aware of its existence. Driver is in such a good mood that he happily waves at a bunch of children in a big yellow school bus traveling a couple of lanes to the left beside him.

At a nearby intersection, Pedestrian is walking quickly down the street at almost a jog, apparently in a rush. After absent-mindedly looking both ways for traffic, she hustles across the street. She does so without even noticing that she has stepped right in Driver's path; Driver sees Pedestrian just in time to swerve to avoid hitting her.

At the same moment Father, who is driving his large SUV to pick up his kids from school, sees Driver veering his convertible into Father's lane. With the school bus to his left, the convertible coming toward him from his right, and no other options, Father makes the quick decision to direct his SUV straight at Driver's beloved Connie rather than toward the bus so as to avoid injuring any kids. As he does so, Father also tries to stop the huge SUV, but is unable to avoid smashing into the driver's side of the convertible. The SUV collides violently with the small car. Driver is injured when his door gives way to the force of the SUV and he is struck by the metal of the frame of his beloved convertible's car door. Driver sustains a broken left arm and broken ribs on the left side of his body from the force of the SUV striking his vehicle. The damage to the car because of the accident is more than its value, so Connie is totaled. Father is a bit shaken up, but uninjured. Pedestrian is unharmed and unfazed by the entire event; she continues to hurry down the street, never to be seen again.

Driver visits you (an expert in tort law) for advice on whether Driver has a viable cause of action against anyone for his injuries and the loss of his beloved convertible Connie. This incident occurred in a jurisdiction that has adopted a pure comparative fault scheme and otherwise follows current majority law.

please explain any potentially viable tort actions and available defenses.

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