Damages against each other for negligence

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Reference no: EM133438515

As a reminder, a case for negligence is established by showing that the defendant had a duty of reasonable care, that they breached that duty, and that their act of breaching their duty was the actual and proximate cause and damage to the plaintiff.

David is driving 25 MPH in a 25 MPH zone, in the right-hand lane, of a four-lane street where there were children playing in the unfenced yards of houses along that street. One child runs into the street chasing a soccer ball. David, without checking his mirrors or looking over his shoulder, swerves into the left-hand lane to avoid the child; in doing so, David collides with a car driven by Peter. Peter was speeding and driving in that left-hand lane going in the same direction to pass David.

Question: Can Peter and/or David seek damages against each other for negligence? Please discuss: (1) the potential liability and (2) any defenses of each party.

Reference no: EM133438515

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