As a motorist was driving on a road, a driver on an intersec…
As a motorist was driving on a road, a driver on an intersecting road failed to see a stop sign at the intersection and crossed into the motorist’s path. The motorist would have had time to avoid the driver’s vehicle except that he was making a call on his cell phone. He slammed on the brakes as soon as he saw the driver, so the impact occurred at a low speed. The driver’s car sustained only minor damage, but the motorist’s car sustained such heavy damage that it was a total loss. If the motorist sues the driver in a jurisdiction following traditional contributory negligence and assumption of the risk rules, what is the driver’s best defense?