83. Is the pedestrian likely to prevail?

C is correct. The girl was engaging in a dangerous activity that is characteristically undertaken by adults, so she will be held to the adult standard of care. No adjustment will be made to that standard to reflect her low intelligence and lack of experience. Her low intelligence and her inexperience put others at risk, and she will be held to the standard of a reasonably prudent driver even if she is not capable of reasonable prudence.

A is incorrect. The parents and the girl may both be liable. The girl was engaging in a dangerous activity that is characteristically undertaken by adults, so she will be held to the adult standard of care and can be sued for the injuries caused by her negligent driving.

B is incorrect. The girl was engaging in a dangerous activity that is characteristically undertaken by adults, so she will be held to the adult standard of care. No adjustment will be made to that standard to reflect her low intelligence and lack of experience. Her low intelligence and her inexperience put others at risk, and she will be held to the standard of a reasonably prudent driver even if she is not capable of reasonable prudence.

D is incorrect. In the absence of a statute setting a different standard, the girl's failure to obtain a license ordinarily would not be evidence that she was actually negligent at the time of the accident. The pedestrian would have to prove actual negligence, which should be easy given that the girl lost control of the car and given the fact that the girl will be held to an adult standard of care because she was engaging in an activity that is characteristically undertaken by adults.