week 3 discussion post PBH 305


Jake is driving his truck home from work on I-84 at 10:00pm. He is listening to the radio and singing loudly. He is in the center lane of a 3-lane stretch of road. Veronica is also driving on I-84 in the same direction as Jake. She is not listening to music and is travelling in the right-hand lane. 

As Jake moves to pass Veronica, he accidently catches the wheel with his knee, jerking his truck into the right lane, and making contact with Veronicas vehicle. Veronicas car is pushed to the right and veers slightly off the road into the dirt past the shoulder and near the surrounding foliage. 

At that same moment, lightening strikes the tree that Veronica is traveling under and a branch falls, hitting her car and smashing in her windshield, leading to severe injuries. 

Veronica alleges that Jake was negligent in his actions.  
Please discuss and analyze the issues surrounding Jakes alleged negligence. Reason through the elements of negligence (duty, breach, causation and injury) and determine if you would find Jake at fault for Veronicas injuries.  

If you do find Jake to be negligent, please explain your reasoning. If you do not, please explain why not.  If not Jake, who do you feel is responsible in this case?