With Driver at the wheel, Driver and Passenger motored into town. Passenger fell

Question

With Driver at the wheel, Driver and Passenger motored into town. Passenger fell asleep during the trip. Driver parked 5 feet from a fire hydrant, next to a bank, in violation of a municipal statute which bans parking within 10 feet of a fire hydrant. Driver went into the bank to make a deposit. Passenger remained asleep. Trucker, who was driving down the street where the bank is located, suddenly swerved the truck to avoid hitting a dog which darted into the street and in front of Trucker's truck. Trucker's truck smashed into Driver's car resulting in a serious injury to Passenger. Had Driver parked anywhere else, Trucker's truck would not have smashed into Driver's car and injured Passenger. Passenger sued Driver in Negligence. Discuss whether Passenger will recover in Negligence Per Se as against Driver. Passenger sued Trucker in Negligence. Discuss whether Passenger will recover as against Trucker in Traditional Negligence. Use all legal rules and concepts to support your analysis. Comment on the postings of your classmates.

Explanation / Answer

Answer: Passenger sued Driver in Negligence. In this case the passanger can claim the money/compansation from the driver as per the traditional negligence clause. Full compensation can be awarded as per the act.

Passenger sued trucker in negligence. In this case the trucker may ask for relief in compensation to be paid by him as per Contribtory clause. This clause says a person does not act in a certain way and injury occurs, that person may be held entirely or partially responsible for the resulting injury, even though another party was involved in the accident. So only partial compensation would be awarded to the passenger as per the guilt proved of the trucker.

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