In the basic negligence rule that everyone must take “reasonable care” to avoid injury to others, reasonable care can vary with time and place and with the relationship between people, so that the same conduct might be considered negligent in one instance but not in another.
In the following scenarios, use the framework for identifying business/legal issues to identify, explain and provide a solution for each:
Example 1: A delivery driver is completing his daily route and is approaching an intersection which allows him the right of way on a green light. He must suddenly brake for a pedestrian who walked out in front of his truck and proceeded to walk across the street against a red light. The delivery truck driver fails to stop in time and hits the pedestrian causing serious personal injuries.
Example 2: A delivery driver is completing his daily route and is approaching an intersection which signals a red light for him to stop. He does so, but when the light turns green, the vehicle ahead of him does not proceed. The delivery truck driver becomes agitated and accelerates, hitting the vehicle ahead of him, causing personal injury to the driver of that vehicle.
Example 3: A delivery driver is completing his daily route and during a severe snow storm, his truck slides off the road and hits a corner store causing severe property damage and injuring an employee.