Question
REPLY To discussion post below: The defendant driver, while he may ultimately be liable if all of the witnesses say he ran the stop sign,
REPLY To discussion post below:
The defendant driver, while he may ultimately be liable if all of the witnesses say he ran the stop sign, will raise the comparative fault of C for failing to keep a proper lookout and failing to take evasive action to avoid a collision. The defenses are the same as they would be if the collision was with another car instead of a bicycle. C had an ordinary duty to pay attention to the road ahead of her and keep herself and others safe. By watching her books and not the traffic, she breached that duty. I'm not saying that defense will be successful, but that's what would be alleged by the car's driver as a defense.(Terence, Lau, Johnson) In most states, the damages to the plaintiff will be reduced by the percentage of his/her comparative fault also known in some jurisdictions as contributory negligence. In some states, if the plaintiff's comparative fault is shown to be over 50%, there will be no recovery at all.(Comparative2021)
Trence, Lau, & Johnson. (2019).The Legal & Ethical Environment of Business.Boston,MA: FlatWorld
Comparative & contributory negligence in personal injury cases. Justia. (2021, November 12). Retrieved February 23, 2022, from https://www.justia.com/injury/negligence-theory/comparative-contributory-negligence/(Comparative 2021)
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