See If You Can Answer This MBE Question

A local the traffic law makes it illegal for any vehicle to stop in the crosswalk. A pedestrian crossing the street had to walk away from the crosswalk in order to walk around a truck that was stopped in the crosswalk. Thereafter, the pedestrian was struck by another car that was driving five miles above the speed limit.

 

In a suit for damages against the truck driver who blocked the crosswalk, will the pedestrian prevail?

 

(A) No, because the car’s conduct was the actual cause of the pedestrian’s harm.

 

(B) No, because the pedestrian assumed the risk of injury when he stepped outside of the crosswalk.

 

(C) Yes, because the truck driver’s violation of the statute makes him strictly liable for all injuries caused thereby.

 

(D) Yes, because the traffic law is to safeguard pedestrians at intersections.

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