In a motor vehicle accident case, is a plaintiff liable for personal contributory negligence against a bus driver for failing to stop at the scene of the collision?

California, United States of America


The following excerpt is from Miller v. Western Pac. R. Co., 207 Cal.App.2d 581, 24 Cal.Rptr. 785 (Cal. App. 1962):

In Miller v. Peters, supra, 37 Cal.2d 89, 230 P.2d 803 the court determined that factors in the evidence relating to the speed of the automobile and the manner in which it was being driven immediately prior to the accident would justify submitting to the jury the matter of the passenger's personal contributory negligence although the passenger did not see the bus with which the automobile collided and although the passenger was not aware of the danger of a collision and had no time in which to make an effective protest.

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