AL Bar Practice Questions - Alabama Bar Examination Exam

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A driver runs a red light and strikes a pedestrian who was lawfully crossing in a crosswalk. The pedestrian sues in Alabama. The defendant offers no evidence of any negligence by the pedestrian. What is the effect of Alabama's contributory negligence rule on this claim?

It bars the pedestrian's recovery because all pedestrians assume some risk It has no barring effect here, because the pedestrian was free of any contributory negligence It reduces the pedestrian's recovery to account for jaywalking It shifts the burden of proof to the pedestrian

Correct Answer:

It has no barring effect here, because the pedestrian was free of any contributory negligence

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