AL Bar Practice Questions - Alabama Bar Examination Exam

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Alabama is one of only a handful of U.S. jurisdictions that retains a particular common-law negligence doctrine. A pedestrian is struck while jaywalking by a driver who was speeding. A jury finds the driver 95% at fault and the pedestrian 5% at fault. Under Alabama tort law, what does the pedestrian recover?

95% of the damages, reduced by the pedestrian's percentage of fault 100% of the damages, because the driver was the proximate cause Nothing, because the pedestrian was contributorily negligent 50% of the damages under the modified comparative-fault rule

Correct Answer:

Nothing, because the pedestrian was contributorily negligent

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