Question

Ben was driving 75 miles per hour in a 60 mile per hour speed zone when his car hit Sandra’s car as she entered the highway without looking carefully. Ben had the opportunity to move into another lane to avoid hitting Sandra, but failed to do so. If Sandra sues Ben in a state that applies the doctrine of contributory negligence, may Sandra recover damages from Ben?

Answer 1

Sandra can recover the damages from Ben as :

a. Doctrine of contributory negligence applies when a person gets injuried by their own mistake and are not entitled to collect the damages from another party causing accident, as here Sandra was driving without looking careful while entering highway.

b. But the Ben had chance to enter the another lane and avoid the accident, which bars all recovery of doctrine of contributory negligence as he knowingly did not avoid the accident. Hence, Sandra can recover all the damages if sues Ben even in a state that applies the doctrine of contributory negligence.