A driver is texting and runs into a pedestrian crossing the road at a crosswalk. The pedestrian…

A driver is texting and runs into a pedestrian crossing the road
at a crosswalk. The pedestrian suffers a broken leg and is rushed
to the hospital. Is the driver liable for negligence if the
pedestrian sues?

A. Yes, because the driver broke the law by texting while
driving.

B. Yes, because the driver had a duty of care which was breached
by texting while driving, and the pedestrian had legally
recognizable injuries directly resulting from that breach.

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C. No, because it would be difficult to prove that the driver’s
texting was the proximate cause of the pedestrian’s broken leg.

D. No, because even though the driver was texting while driving,
the pedestrian had a duty to look out for possible dangers before
entering the crosswalk.

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