REPLY to discussion post below:

C can file unintentional tort claims on the driver for failing to look for any pedestrian before proceeding with his journey. Under the negligence tort, the elements C would use are the failure of the driver to do his duty to look out for other road users and causation because C sustained injuries (Lau and Johnson, 2019).

The driver, who is the defendant, can raise a comparative fault defense against C. Although the driver may be liable, considering the witness stated he failed to stop at the stop sign before entering the intersection, the comparative fault will constitute him accusing C of failing to look out properly in an intersection. C was responsible for; paying attention to any roads to keep herself safe and others. C may be partially accountable because she looked back to verify the attachment of her books to the rear part of her bicycle instead of watching out for any incoming traffic. The defense might fail to succeed, but this is a valid defense argument for the car's driver (Lau and Johnson, 2019).

The driver could also defend himself against the negligence lawsuit served to him by C by utilizing the law concept of contributory negligence. According to business law, a behavior that contributes to the loss and injury of a person and failure to meet the prudence standards that a person should observe for their good is referred to as contributory negligence (Field, 2018). The driver could argue that C's injuries resulted from her negligent act due to the accident. This defense could help the driver counteract the lawsuit.

Field, I. D. (2018). Contributory negligence and the rule of avoidable losses. Oxford Journal of Legal Studies, 38(3), 475-499.

Johnson, L., & Lau, T. (2019).The Legal & Ethical Environment of Business.Boston,MA: FlatWorld