Shirley Raphart was using the crosswalk on a street near her office. The light was red, but Shirley stepped in to the crosswalk anyway because she was texting. Janice Godfrey, who was driving her car in the other direction, had a green light and did not see Shirley because she also was texting. Janice struck and injured Shirley, who was hospitalized. Shirley brought suit against Janice. Which of the following statements is true? a. Shirley can recover for Janice's breach of duty because pedestrians always win over vehicles. b. Shirley has a defense of contributory negligence. c. Neither one can recover because they both breached their duties regarding safety. d. Janice has a defense of contributory negligence.

Question

Business

Skylar Reese

22 October, 07:29

Shirley Raphart was using the crosswalk on a street near her office. The light was red, but Shirley stepped in to the crosswalk anyway because she was texting. Janice Godfrey, who was driving her car in the other direction, had a green light and did not see Shirley because she also was texting. Janice struck and injured Shirley, who was hospitalized. Shirley brought suit against Janice. Which of the following statements is true? a. Shirley can recover for Janice's breach of duty because pedestrians always win over vehicles. b. Shirley has a defense of contributory negligence. c. Neither one can recover because they both breached their duties regarding safety. d. Janice has a defense of contributory negligence.

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Answers (1)

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Maximus Patel · Answer 1

The correct answer is letter "D": Janice has a defense of contributory negligence.

Explanation:

Contributory negligence in common law states that if a party was injured because of an accident due to the party's own negligence, the injured party will not be able to entitle the defendant as liable. Even if the plaintiff committed slight negligence and the defendant a serious offense, the plaintiff will not receive any benefit from the defendant.