See If You Can Answer This MBE Question!

A state’s traffic code makes it illegal for pedestrians to cross a street when there is a “do not cross” signal. A pedestrian wanted to cross the street, but a van parked in front the traffic control signal made it impossible for the pedestrian to see the sign. The sign was blinking the “do not cross” signal as the pedestrian stepped into the street. Thereafter, the pedestrian was struck by a bus.

If the pedestrian asserts a claim against the bus driver, the pedestrian’s failure to obey the traffic signal will have which of the following effects?

 

(A) It will bar the pedestrian’s recovery as a matter of law.

 

(B) It is irrelevant in determining the rights of the pedestrian.

 

(C) It may be considered by the trier of fact on the issue of the bus driver’s liability.

 

(D) It will bar the pedestrian’s recovery unless the bus driver saw the pedestrian in time to avoid the accident.

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