Ben was driving 70 miles per hour in a 55-mile-per-hour speed zone when his car hit Sandra's as she entered the highway. Ben had the opportunity to move into another lane to avoid hitting Sandra but failed to do so. Discuss the defenses of negligence available to Sandra and Ben.
What will be an ideal response?
Contributory negligence by Sandra, such as pulling in front of Ben, could bar any recovery. However, if Sandra proves that the incident did not arise due to her negligence, but due to Ben's, and that he could've avoided the accident if he had maintained the speed limit, Sandra can recover all damages from Ben. Ben, in his defense, could state that Sandra entered the highway without any intimation, and could use the comparative negligence defense, where the court will determine damages according to the degree of fault of each party.
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