Dad shoots, kills Dept. of Corrections truck driver who fatally struck son, police say

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146. Yes, comparative negligence can exist

and the one who is hurt worst can be part of the negligence. Here a child is not, but the parent may have had some negligence.

It was surprising to find that some liberals/DUers think that the one with the most damage is the victim totally, and to suggest otherwise is somehow outrageous. For example a pedestrian negligently steps out into the road and gets killed, then it has to be the driver's fault.

But just because you were killed or your child was killed doesn't make it impossible that it was not all or partly your own negligence.

So to people like that, this has to be all the driver's fault. It's like they just can't get the concept contributory or comparative negligence. Maybe if on a jury and they heard the judge give instructions they might get it.