Question

1. Two cars are involved in a car accident with the following facts: Tim, the driver of car two is behind Oliver the driver of car one. Oliver uses his left turn signal and moves to the left turning lane but after he does this he changes his mind and immediately pulls back into the right driving lane but does not signal before moving into the driving lane. As he does this, Tim slams on the brakes but his car does not stop in time before rear-ending Oliver.

Oliver sues Tim for hitting his car and causing injury to both Oliver and Oliver’s car claiming that Tim was negligent. Oliver’s damages are $100,000. Oliver is deemed to be 40% at fault for causing the accident and Tim 60% at fault.

a.What would be the outcome of Oliver’s law suit under the doctrine of Contributory Negligence?

b.How would the outcome differ if Comparative Negligence was applied?

c.In your answer define and explain each doctrine and apply them to the facts.

Answer 1

1a). Under the doctrine of contributory negligence, the plaintiff cannot receive any compensation if s/he is found to have contributed even slightly, to the accident. Since, Oliver has 40% responsibility for the accident, he will not get any compensation.

b). States follow one of the three rules for comparative negligence. Under the first rule, the plaintiff can recover damages to the extent that s/he was not responsible for the accident. Since, Tim is deemed to be 60% at fault, Oliver can recover 60% of the damages, i.e. $60,000. Under the second rule, a plaintiff cannot recover if s/he has more than 50% responsibility for the accident so that will not apply in this particular instance. Under the third rule, the plaintiff is barred from recovery if s/he is responsible for more than 'slight' negligence.

c). Both the doctrines have been explained and applied to, in the respective answers above.