Exercise 9
This exercise is about negligence.
Hannah is driving down the street when a truck driving next to her starts moving into her lane. Hannah has no choice but to cross the centerline to avoid being hit by the truck. Her car sideswipes an oncoming car driven by Martha, causing damage to the doors of both cars; the truck drives on without stopping and can’t be found.
Can Martha recover damages from Hannah?
- A. No, because Hannah did nothing either negligently or intentionally harmful to Martha’s property.
- A is correct. The only person who did anything negligent is the truck driver, who is liable to both Martha and Hannah for their damages. Even if Martha were left without anyone to pay her damages, Hannah cannot be held at fault if there was nothing she could have done to avoid the accident.
- B. Yes, because the truck drove off and Martha, who is totally innocent, can’t be left without someone to pay her damages.
- Sorry, but that's not the correct answer. Please select another.
- C. Yes, because Hannah should have let the truck hit her rather than enter another lane of traffic.
- Sorry, but that's not the correct answer. Please select another.