Definition from Nolo’s Plain-English Law Dictionary
A rule, most commonly applied to auto accidents, providing that the negligence of a party suing for damages for an accident is irrelevant if the party being sued could have avoided the accident by reasonable care in the final moments before the accident. Example: a driver drifts over the center line, and an oncoming driver notes the drifting but proceeds without taking simple evasive action and crashes into the first driver. The oncoming driver may be liable for the injuries to the first driver who was over the line.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:18 pm