3 ms·
> But contributory negligence should never depend on the relative damage level. The angle I’m thinking about is that the person operating heavy equipment shoul
by acdha 3y ago
> But contributory negligence should never depend on the relative damage level.
The angle I’m thinking about is that the person operating heavy equipment should be expected to exercise greater caution. If a pedestrian sets foot out of a painted crosswalk, it seems harsh to say that means the SUV driver who plowed into them is off the hook for 30% of the damages when the situation would almost certainly have avoided any injury had everyone been on foot/bike/scooter or substantially less lethal if the driver had been in a normal sedan.
Basically when I drive I’m cognizant of the fact that it’s the most dangerous thing most of us do on a regular basis. I’d like that attitude to be the default.
- s1artibartfast 3y ago>The angle I’m thinking about is that the person operating heavy equipment should be expected to exercise greater caution. I think that is already baked in to contributory negligence. Its not just "you were speeding, and you stepped over a line, so 50/50%".