Quote:
Originally Posted by bimmertl
There won't be any "litigation". It's a simple case of failure to yield, there are no facts in dispute. Cart driver admits to never seeing cyclist. There is no defense for her actions. Golf carts insurance carrier will offer the policy limits. Hopefully there is enough coverage to protect the golf cart driver from additional personal exposure.
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I wished I lived in a black and white world. How do we know all the facts - because it was reported by the news ? Here is a situation stimulating food for thought :
For example, suppose someone is driving under the influence (drugs or alcohol) and crashes into a car where the other driver ran a red light. Both violated the Vehicle & Traffic law. Both violations would likely be determined by a jury to be a legal cause of the crash. Hypothetically, a jury may find the impaired driver to be more at fault, as if they hadn’t been impaired and driving, they might have had better reflexes to stop before hitting the driver running the red light. Then a jury might say the impaired driver is 70% responsible, while the driver running the red light is 30% responsible.
A classic case taught at IDP - Impaired Drivers Programs.