Discussion question?

Question

Daniel worked long hours. One evening, after he had put in 13 hours at work, he found himself falling asleep while driving. In an attempt to stay awake, he opened all the windows, and at times stuck his head out to chase away his sleep. Nothing helped. He eventually fell asleep. Consequently, his car swerved left and right noticeably. All other vehicles near Daniel kept distance. Peter, another commuter (and unlike other commuters), saw Daniel's car and was intrigued. He decided to pull close to Daniel to see what was going on. As Peter pulled his car near Daniel, Peter was clearly able to see Daniel sleeping. Just about the time when Peter was ready to move away from Daniel, his car swerved once again, and hit Peter's automobile. Peter was seriously injured. What action does Peter have against Daniel? Analyze his claim. Does Daniel have any defense?

Answer 1

Daniel is pretty stupid, but he can claim he was just driving along minding his business and was hit by a peter.

Answer 2

Even though Daniel was at wrong I think that Peter is going to get stuck for everything because all Daniel has to say is that Peter caused the accident.

Answer 3

Even though Daniel can be done for driving without due care and attention and driving whilst in an unfit state, Peter can also be done for driving without due care and attention (rubber-necking).

It was the car that swerved that was to blame for the accident, but both drivers were technically breaking the law, and proveing which car swerved would be difficult.

They both effectively have the same case against each other.

Answer 4

The way I see it, Peter should be fully compensated by Daniel's insurer. Peter definitely used poor judgment in approaching a vehicle that was unable to maintain a straight path and paid for it in injury. But at the end of the day, Daniel's actions where the cause of the accident, not Peter's. Daniel could try lying, but I don't think he has any legal honest defense.

Answer 5

Peter can sue Daniels Insurance company for sure. I don't know what state your in but falling asleep is almost as bad as DUI in Michigan

Answer 6

daniell  should have been aware that he was really tired and should have had someone else drive him or stay somewhere he doesnt have to drive. although peter should not have pulled over to see daniell. hpoe i helped!!!!♥♥