Negligence can be split amongst the two sides
One person was driving a car when he decided to pull over to the left side of the road to check his GPS navigation system. He slowed down and turned his left blinker light on, checked to see if there was oncoming traffic, and then turned left. Unfortunately, the driver of the car did not check his rearview mirror and, while making the left turn, he was hit by a truck that was behind him.
The truck driver thought that the person driving the car was slowing down so that the truck could pass the car. When the truck driver noticed that the car was turning left, the truck driver swerved in an attempt not to hit the car. Nevertheless, the truck hit the car.
Who the court said was liable
In this portion of the trial, the court was only deciding who was at fault. That is, the judge needed to assign liability for the accident, and she chose to split the negligence liability. After all, the car driver did not look in the rearview mirror before turning (especially because he knew there was a truck behind him), and the truck driver could have handled the truck better. The judge decided that the car driver was 40% liable for the damages caused by the accident, and the truck driver was 60% liable. Next, the court will have to put a monetary value on these damages.
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