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Story
September 30, 1953
The Northwest Times
Seattle, King County, Washington
What is this article about?
A man named Jack loses a $15,000 lawsuit after a car accident in Washington due to contributory negligence from speeding 5 mph over the limit, despite having the green light. The column explains the doctrine and warns against minor traffic violations.
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Taking a Chance May be Financial Hazard
"How did it happen that you lost your law suit, Jack?"
"According to the newspaper, the defendant drove through a red light in hitting your car."
Jack's friend looked genuinely puzzled.
Jack rubbed his chin, smiled ruefully and answered:
"He claimed that I was contributorily negligent in driving into the intersection at 30 miles per hour instead of at 25 which is the maximum speed allowed, and the jury believed him.
So, even though I had the green light, I lost out. My lawyer says I would have recovered at least $15,000, because of the severity of my injuries.
That was an expensive five miles per hour."
Contributory Negligence
Jack, like many a plaintiff, lost his case because of the doctrine of contributory negligence. The doctrine is the law in Washington, and says that there can be no recovery of damages for negligence if the injured person by his own negligence proximately contributed to the injury.
Because of this doctrine even minor traffic violations sometimes can be a serious hazard for the driver.
In the above case, the chances are slight that Jack would have been given a ticket by a police officer for speeding. But the extra five miles per hour was disastrous when viewed in the light of the accident.
Even though the defendant's negligence was more serious than that of the plaintiff, the plaintiff lost his case.
Next time you are tempted to take a chance and bend a traffic law slightly, think how it will affect your right of recovery in case of an accident.
(This column is written to inform, not to advise. Facts may change the application of the law.)
"How did it happen that you lost your law suit, Jack?"
"According to the newspaper, the defendant drove through a red light in hitting your car."
Jack's friend looked genuinely puzzled.
Jack rubbed his chin, smiled ruefully and answered:
"He claimed that I was contributorily negligent in driving into the intersection at 30 miles per hour instead of at 25 which is the maximum speed allowed, and the jury believed him.
So, even though I had the green light, I lost out. My lawyer says I would have recovered at least $15,000, because of the severity of my injuries.
That was an expensive five miles per hour."
Contributory Negligence
Jack, like many a plaintiff, lost his case because of the doctrine of contributory negligence. The doctrine is the law in Washington, and says that there can be no recovery of damages for negligence if the injured person by his own negligence proximately contributed to the injury.
Because of this doctrine even minor traffic violations sometimes can be a serious hazard for the driver.
In the above case, the chances are slight that Jack would have been given a ticket by a police officer for speeding. But the extra five miles per hour was disastrous when viewed in the light of the accident.
Even though the defendant's negligence was more serious than that of the plaintiff, the plaintiff lost his case.
Next time you are tempted to take a chance and bend a traffic law slightly, think how it will affect your right of recovery in case of an accident.
(This column is written to inform, not to advise. Facts may change the application of the law.)
What sub-type of article is it?
Curiosity
Tragedy
What themes does it cover?
Misfortune
Justice
Moral Virtue
What keywords are associated?
Contributory Negligence
Traffic Accident
Lawsuit Loss
Speeding Hazard
Legal Doctrine
What entities or persons were involved?
Jack
Where did it happen?
Washington
Story Details
Key Persons
Jack
Location
Washington
Story Details
Jack loses his lawsuit after being hit by a car running a red light because he was driving 5 mph over the speed limit, invoking contributory negligence; he forgoes $15,000 in damages despite severe injuries.