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A pedestrian negligently stepped into a crosswalk against a signal. A driver also negligently looked away from the road and hit the pedestrian. The jurisdiction follows traditional contributory negligence and no last-clear-chance facts are present.
What is the likely effect of the pedestrian's negligence?

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The plaintiff recovers nominal damages because contributory negligence affects only damages, not liability. The plaintiff is barred because any contributory negligence traditionally defeats an ordinary negligence claim unless an exception applies. The plaintiff automatically recovers if the defendant had insurance. The plaintiff is barred only if the defendant was also negligent.

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