Question

Philip was driving his car and failed to see a stop sign. He hit a car driven by Oscar. Oscar was not wearing his seatbelt at the time of the crash, and thus sustained more serious injuries than he would have had if he had been wearing his seatbelt. The court found that both parties were negligent. If this was a contributory negligence jurisdiction, then Oscar would be able to recover: _______.

A. only the damages that were the responsibility of Philip
B. only the damages caused by Oscar
C. any and all damages

Answer 1

Since Oscar contributed to the damages by not wearing his seatbelt, he cannot recover any of the damages.

I think the answer is A.