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re: Hypothetical legal question regarding a driving scenario
Posted on 6/29/14 at 2:59 pm to WG_Dawg
Posted on 6/29/14 at 2:59 pm to WG_Dawg
quote:
I'm still confused about C. What do you mean they lose?
I see C as the innocent victim in your scenario. He enters the intersection on a green light and hits A who enters on a red to avoid being hit by B. I assume that C will sue A and B for the property damage and any injuries he sustained.
What I am saying is, just because there is an accident does not mean that C will recover from either A or B.
quote:
A jury would either find A at fault for entering the intersection,
A jury can find that A was not negligent because he entered the intersection against a red light due to an emergency situation. The issue is
"Did A act reasonably?" If the answer is "yes" A is not negligent.
quote:
or B at fault for being the proximate cause
A jury can find that while B may have been negligent, his negligence was not the proximate cause of the accident. Can a jury find B's negligence was the proximate cause? Maybe yes, maybe no.
C has nothing to do with it, unless C was negligent in not avoiding the accident if he had a chance to do so.
This post was edited on 6/29/14 at 3:08 pm
Posted on 6/29/14 at 3:02 pm to IonaTiger
The bottom line is that there is no correct answer other than what a jury decides or the parties agree to settle the case.
Posted on 6/29/14 at 3:05 pm to IonaTiger
Ok I gotcha, that makes sense. When you said that C would lose, it just confused me.
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