Maricopa Case

Maricopa Case

Terry Was Speeding?
1. Terry didn't slow down when approaching the school intersection.
  1. Generally, drivers slow down when approaching school intersections.
    1. People reduce their speed in school intersections to avoid accidents due to heavy traffic and pedestrian crossings
      1. Terry was driving negligent relative to reasonable driving because his speed didn't allow him to safely avoid a fatal accident
Terry is a distracted driver
1. When Terry saw Pat, he slammed on the breaks.
  1. Generally, when one slams on their breaks, this means they were not expecting an event to occur.
    1. One can assume that Terry wasn't focusing on what he was doing
Terry reached over to grab a CD causing his vision to deviate from the road
1. As a general rule, taking your eyes off the road for any period of time increases the chance for an accident.
  1. This in turn increased the risk of Terry hitting something or someone
    1. Terry should've known the risk due to his prior driving experience
Jane was not wearing her seatbelt
1. She died because not wearing her seat belt enabled her to fly out of the car causing her inevitable death
  1. Wearing her seat belt might have prevented her from being launched from the accident
    1. The State requires that a seat belt be worn
2. Jane was partially responsible for her death
  1. Social construct dictates that wearing a seat belt is significantly safer than not wearing a seat belt
    1. It's reasonable that wearing a seat belt is the wise thing to do
Pat didn't cross at the cross walk
1. There wasn't a cross walk near the school
  1. Generally a county is responsible for inputting crosswalks around a school
    1. Typically crosswalks reduce the risk of pedestrian accidents
      1. The chances of the incident being as severe are significantly decreased if a crosswalk was in place
The Suzuki had a high risk of roll over
1. The vehicle was not reliable during sharp turns
  1. Another vehicle would not have rolled over so easily
    1. In 2008, a judge ruled against Toyota for making a vehicle that had an unstable accelerator
      1. Vehicle manufacturers are responsible for the safety of their consumers by making vehicles that are safe and reliable
        Suzuki is partially responsible for making an unsafe vehicle that was susceptible to rolling over

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