Tim is driving a car in which Deon is a passenger when an accident occurs. Deon was injured in the accident. This accident took place in New York State. Deon will prevail if he proves$\_\_\_\_$

Question $44$ options:

The risk of the car accident was unforeseeable.

He was wearing a seat belt and his injury still happened as a proximate cause of the crash and the other vehicle also committed a tort against Tim. Deon had bruising to his thigh and hand that healed in a few days.

Tim was listening to the radio when the collision occurred and did not have a valid NYS driver's license at the time of the collision.

Tim was not using reasonable care in driving the car, the collision was the proximate cause of Deon's injury and the injury was serious.