Practice question
A pedestrian negligently enters a path and becomes trapped in plain view. A driver sees the peril early enough, has working brakes and ample clear distance to stop safely, but deliberately continues without braking and causes injury. The stipulated evidence establishes a real later opportunity after the pedestrian can no longer escape. What is sound?
- The pedestrian’s initial fault automatically bars every claim
- The doctrine applies solely because a vehicle exists
- Only the pedestrian’s clothing matters
- The driver’s proven later fair opportunity is the fact supporting last-clear-chance analysis despite the antecedent fault
- The driver’s license conclusively proves due care
Legal references
- BPI v. Spouses Quiaoit, G.R. 199562, January 16, 2019: https://lawphil.net/judjuris/juri2019/jan2019/gr_199562_2019.html
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