Let's begin with an example of negligence that you could experience in normal, everyday life. Phillip is driving down Bard Street--a residential street with normally little traffic. The posted speed limit is 30 miles per hour. Phillip is driving 55 miles per hour. 

Andrew lives in an apartment on Bard Street. Andrew decides to go for a run. Andrew puts in his earbuds and starts his favorite running playlist. He cannot hear much outside noise. Andrew then steps into the street to cross to the sidewalk on the other side of Bard Street. Phillip sees Andrew and slams on his brakes but is unable to stop in time. After Andrew has taken a few steps into the street, Phillip strikes Andrew. Fortunately, although serious, Andrew sustains non-life threatening injuries of a broken left leg and arm and serious bruising. Andrew sues Phillip, alleging negligence. Analyze who was negligent and why?