united-states contributory-negligence
Was the other person guilty of contributory negligence in the case below?
<p>Some decades ago, I was making a left turn when my car stalled in the intersection. Prior to making the turn, I checked the ongoing lane and gotten an &quot;all clear.&quot; That is, as far as I could see, to an underpass 125 feet away.</p>
<p>A car sped through the underpass and hit my car when it was still in the intersection. The driver had maintained speed (25 mph) throughout, and never slowed down for my stalled car until the accident. She was &quot;counting&quot; on me to clear the intersection in time.</p>
<p>Contributory negligence is when the &quot;less guilty&quot; party nevertheless has the <a href="https://en.wikipedia.org/wiki/Last_clear_chance" rel="nofollow noreferrer">&quot;last clear chance&quot;</a> to avoid an accident, and fails to take it. Was the other party guilty of contributory negligence in this case?</p>

<p>It is up to the jury and judge to decide on a case by case basis. There is enough of an argument that it goes to the jury to decide.</p>
