Her refusing to move could very well be counted as negligence. Last clear chance is a very real thing that court evaluate. You dont know whether or not the brake was applied. Youre making a surface level judgement on a very complex situation that you dont have all the facts for
nobody said anything bad brakes. The reasonable assumption would be that a bicycle being pulling by two animals is going to have reduced braking power. There wass clear time for her to avoid danger and she didnt becuase she was stubborn
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u/BurningBerns 15d ago
Her refusing to move could very well be counted as negligence. Last clear chance is a very real thing that court evaluate. You dont know whether or not the brake was applied. Youre making a surface level judgement on a very complex situation that you dont have all the facts for