Assume that a truck driver is driving while drunk (ie. while they have a blood alcohol content that is over the legally permitted limit). The driver loses concentration, and collides with Jim's car, injuring Jim too. Jim's car, however, was improperly parked in the middle of the road, while Jim transferred its contents onto a pallet on the side of the road. Arguably: Select one: a. Liability for damage caused to Jim's car and Jim's personal injuries should be apportioned since both parties caused the accident. b. Neither party has a legal action as they were both breaching the law. c. Jim is wholly responsible for the damage as he caused the accident. d. The truck driver is wholly responsible for the damage as the driver caused the accident.
Question
Assume that a truck driver is driving while drunk (ie. while they have a blood alcohol content that is over the legally permitted limit). The driver loses concentration, and collides with Jim's car, injuring Jim too. Jim's car, however, was improperly parked in the middle of the road, while Jim transferred its contents onto a pallet on the side of the road.
Arguably:
Select one:
a. Liability for damage caused to Jim's car and Jim's personal injuries should be apportioned since both parties caused the accident.
b. Neither party has a legal action as they were both breaching the law.
c. Jim is wholly responsible for the damage as he caused the accident.
d. The truck driver is wholly responsible for the damage as the driver caused the accident.
Solution
The correct answer is:
a. Liability for damage caused to Jim's car and Jim's personal injuries should be apportioned since both parties caused the accident.
In this scenario, both parties have contributed to the accident. The truck driver was driving while drunk, which is a breach of duty of care. On the other hand, Jim had improperly parked his car in the middle of the road, which is also a breach of duty of care. Therefore, the liability for the damage and injuries should be apportioned between both parties based on their respective contributions to the accident. This is known as contributory negligence.
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