While driving his car five miles over the speed limit, Evan struck Darla, who was jaywalking across the street.When the case came to trial, the jury determined that Evan was 60% negligent and that Darla was 40% negligent.Darla's injuries are $10,000.If this accident occurred in a state following the comparative negligence theory of recovery:
A)Darla will recover $10,000.
B)Darla will not recover anything.
C)Darla will recover $6,000.
D)Darla will recover $4,000.

Question

Quizplus · Accepted Answer

In a comparative negligence state, Darla's recovery will be reduced by her percentage of negligence (40%). Therefore, she will recover 60% of her damages, which is $6,000 ($10,000 x 60%).

While Driving His Car Five Miles Over the Speed Limit