Question

Principle: A person is liable for the tort of negligence if they fail to exercise reasonable care, causing harm to another.
Fact: A driver, speeding on a highway, collides with a pedestrian crossing the road, causing severe injuries.

• A. The driver is not liable as the pedestrian should have been more careful.
• B. The driver is liable for negligence due to excessive speed.
• C. The pedestrian is liable for not using a zebra crossing.
• D. Both the driver and pedestrian are equally liable.

Hint:

In negligence cases, the party with control over the dangerous situation (here, the driver) is primarily held responsible.

Answer 1

The Correct Option is B

The tort of negligence requires that a person be held liable for failing to exercise reasonable care, causing harm to another person. Let’s apply this principle to the given fact.
Step 1: The driver is speeding, which means they are not exercising reasonable care while driving. Speeding on a highway reduces the driver's ability to react in time, which increases the risk of accidents.
Step 2: The pedestrian’s actions (crossing the road) may be considered, but they do not absolve the driver of responsibility. The pedestrian is not expected to anticipate that a driver will be speeding and may not necessarily have to use a zebra crossing for their safety, especially when they are legally allowed to cross the road at any point.
Step 3: The primary cause of the accident is the driver’s excessive speed. The driver has a legal obligation to ensure the safety of others on the road, especially pedestrians. Thus, the correct answer is The driver is liable for negligence due to excessive speed.
Step 4: The pedestrian’s negligence (if any) does not excuse the driver’s responsibility. Negligence is determined by the defendant’s actions, and the driver was the party who was in control of the vehicle and the situation.