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re: Hypothetical legal question regarding a driving scenario
Posted on 6/29/14 at 2:50 pm to WG_Dawg
Posted on 6/29/14 at 2:50 pm to WG_Dawg
quote:
Interesting. I never even thought about C being in any trouble, they seem to be innocent all the way around.
C is totally innocent, but up here there is a jury instruction that states that just because there is as accident, it does not mean that someone is negligent. Negligence must be proven. I believe that both A and B could be found negligent, but A's actions may be found not negligent because of an emergency situation. B's negligence may not be the proximate cause of the accident. If a jury finds that way, C loses.
It is purely a jury question, not something a judge can decide as a matter of law. How will a jury rule? I have no idea and people should run, not walk, away from lawyers who say that they know.
1
Posted on 6/29/14 at 2:52 pm to IonaTiger
quote:
B's negligence may not be the proximate cause of the accident. If a jury finds that way, C loses
I'm still confused about C. What do you mean they lose? A jury would either find A at fault for entering the intersection, or B at fault for being the proximate cause..but what does C have to do with it?
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