Question: James was driving his car to an intersection controlled by traffic lights. The intersection also had marked crosswalks and control lights for pedestrians. James was
James was driving his car to an intersection controlled by traffic lights. The intersection also had marked crosswalks and control lights for pedestrians. James was not paying attention to the traffic lights or pedestrians that were present as he was concentrating on deciphering the controls on his new satellite radio system for his car. As a result, he failed to see the traffic light turn from green to yellow and then red as he approached. When he finally directed his attention to his driving he saw that the traffic light for his direction of travel had turned red. He stopped immediately but was unable to stop before he struck Mr. Lionel who was walking across in the crosswalk. Mr. Lionel had actually run from the sidewalk before the pedestrian signal for him had turned to allow pedestrians to cross. As well, Mr. Lionel made no effort to check for oncoming traffic before he ran into the crosswalk. In the circumstances, which is true?
a. James will be entirely at fault for the collision because he was operating a motor vehicle which creates a greater danger of harm than a person on foot.
b. Mr. Lionel will be entirely at fault as he had a chance to avoid the collision if he had looked both ways before he left the curb.
c. A court hearing this case could award Mr. Lionel financial compensation for his injuries and sentence James to jail for his bad driving.
d. Because of his own carelessness, any compensation awarded to Mr. Lionel will be reduced in proportion (divided) to the degree with which the Court determines his own carelessness contributed to the accident and his injuries.
e. All of the above.
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