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MMLU / An inexperienced bicycle rider took her new bike for a test run. At an…

Problem

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question

An inexperienced bicycle rider took her new bike for a test run. At an intersection, she could not stop for a red light and went into the intersection, where she slipped off the bike. While attempting to remount it, a car coming into the intersection with a green light ran her over, causing severe injuries. The car driver was distracted by his cell phone and received a careless driving ticket from the police. The woman filed a claim for damages, asserting that the car driver was negligent per se. She claimed that a finding of negligence per se prevented the driver from asserting comparative negligence under a state statute. Will the trial court likely grant the woman's motion to preclude the man's attempted comparative negligence defense?

choices

  1. Yes, because the driver had the last clear chance to avoid the accident, which abrogates the comparative negligence law.
  2. Yes, because negligence per se is a final judgment of total negligence against the driver and it cannot be modified or rebutted.
  3. No, because the common law doctrine of negligence per se does not abrogate the defendant's right to apportion fault under the comparative negligence statute.
  4. No, because she entered the intersection knowing it was a red light, thereby putting herself voluntarily and knowingly in danger, and she assumed the risk.

subject

professional_law

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Source and history

task_id
f8b9de41-3576-5b2d-9145-d15adf80bec3
task_key
all--test--f8b9de41-3576-5b2d-9145-d15adf80bec3
task_revision_id
1
config / split
all / test

Official source

initial import