After a long, hard day at the office, Dell Peltz was happily heading his 300ZX sports coupe home in a light drizzle. Moving effortlessly onto the freeway, he smoothly moved back and forth across the lanes and passed slower-moving vehicles. Suddenly the drizzle became a cloudburst, reducing visibility. Dell turned his windshield wipers on high and reduced his speed to 50 mph. Again, he thought he was in complete control, and so he changed lanes to pass a car but suddenly slammed into the rear of a slower-moving truck driven by Bart. When cited by a patrol officer, Dell argued that he was innocent of any wrongdoing because he was traveling under the posted speed limit. Bart sued him for damages.
a. Does Dell have a valid defense to the traffic citation?
b. Discuss any civil action by Bart against Dell.

Question

After a long, hard day at the office, Dell Peltz was happily heading his 300ZX sports coupe home in a light drizzle. Moving effortlessly onto the freeway, he smoothly moved back and forth across the lanes and passed slower-moving vehicles. Suddenly the drizzle became a cloudburst, reducing visibility. Dell turned his windshield wipers on high and reduced his speed to 50 mph. Again, he thought he was in complete control, and so he changed lanes to pass a car but suddenly slammed into the rear of a slower-moving truck driven by Bart. When cited by a patrol officer, Dell argued that he was innocent of any wrongdoing because he was traveling under the posted speed limit. Bart sued him for damages. 
 a. Does Dell have a valid defense to the traffic citation? 
 b. Discuss any civil action by Bart against Dell.

Quizplus · Accepted Answer

The Answer of After a long, hard day at the office, Dell Peltz was happily heading his 300ZX sports coupe home in a light drizzle. Moving effortlessly onto the freeway, he smoothly moved back and forth across the lanes and passed slower-moving vehicles. Suddenly the drizzle became a cloudburst, reducing visibility. Dell turned his windshield wipers on high and reduced his speed to 50 mph. Again, he thought he was in complete control, and so he changed lanes to pass a car but suddenly slammed into the rear of a slower-moving truck driven by Bart. When cited by a patrol officer, Dell argued that he was innocent of any wrongdoing because he was traveling under the posted speed limit. Bart sued him for damages. 
 a. Does Dell have a valid defense to the traffic citation? 
 b. Discuss any civil action by Bart against Dell.

After a Long, Hard Day at the Office, Dell Peltz