A pedestrian jaywalked across a busy intersection, ignoring the nearby crosswalk. A driver, who was speeding 20 miles per hour above the posted limit, struck the pedestrian. The driver saw the pedestrian crossing but made no effort to swerve or brake, despite having ample time to do so. The jurisdiction applies common law contributory negligence rules, but it also recognizes the last clear chance doctrine. If the pedestrian sues the driver for negligence, which of the following BEST explains whether the pedestrian can recover damages?
The driver’s duty of care is limited for jaywalkers who disregard traffic laws, preventing the pedestrian from recovering damages.
The pedestrian can recover damages under the last clear chance doctrine because the driver failed to act to avoid the collision despite seeing the pedestrian.
The pedestrian can recover damages if contributory negligence does not apply in cases involving drivers exceeding the speed limit.
The pedestrian cannot recover damages due to their jaywalking, which constitutes contributory negligence under the jurisdiction’s rules.
Under common law contributory negligence, a plaintiff’s own negligence typically prevents recovery. However, the last clear chance doctrine provides an exception where a negligent plaintiff may still recover if the defendant had the final, clear opportunity to avoid the harm but failed to act on it. Here, the driver’s speeding is a factor, but more crucially, the driver saw the pedestrian and had adequate time to swerve or brake but failed to do so. This makes the last clear chance doctrine applicable. Answers that ignore this doctrine overlook a fundamental exception to contributory negligence. Similarly, answers that suggest contributory negligence automatically negates recovery or misstate the driver’s legal obligations fail to account for the doctrine and its implications.
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