Asked by Candace Stubblefield on Jun 13, 2024

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Ben was driving 70 miles per hour in a 55-mile-per-hour speed zone when his car hit Sandra's as she entered the highway.Ben had the opportunity to move into another lane to avoid hitting Sandra but failed to do so.Discuss the defenses of negligence available to Sandra and Ben.

Speed Zone

A designated area where vehicle speed is regulated by law or authority, often to ensure safety in specific conditions or environments.

Negligence Defenses

Legal defenses used to argue that a defendant did not breach a duty of care or that such a breach did not cause the plaintiff's injuries.

Lane

A narrow path or track typically designated for a specific purpose, such as driving, cycling, or walking.

  • Employ critical analysis to examine tort case scenarios, identifying potential success and advising on relevant legal strategies.
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PAULINE SANTOSJun 15, 2024
Final Answer :
Contributory negligence by Sandra,such as pulling in front of Ben,could bar any recovery.However,if Sandra proves that the incident did not arise due to her negligence,but due to Ben's,and that he could've avoided the accident if he had maintained the speed limit,Sandra can recover all damages from Ben.Ben,in his defense,could state that Sandra entered the highway without any intimation,and could use the comparative negligence defense,where the court will determine damages according to the degree of fault of each party.