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Personal Injury

Contributory Negligence in Traffic Accident

2025-06-18

The plaintiff, a motorcyclist, was hit by the defendant’s car at an intersection, suffering multiple fractures and permanent disability. 

 

The plaintiff argued that the defendant had violated traffic rules by failing to yield and proceeding on a yellow light.

 

The court ruled that the defendant was negligent for driving carelessly but also found the plaintiff partially at fault for not slowing down sufficiently. 

 

Liability was apportioned 95% to the defendant and 5% to the plaintiff under contributory negligence. 

 

The plaintiff was awarded damages for medical expenses, lost income, and pain and suffering.

 

This case underscores the legal consequences of negligent driving and the principle of shared fault in traffic accidents.

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