Fran, who was driving at an excessive speed, applied her brakes to stop at a traffic light.  Due to damp, fallen leaves, her car skidded and came to a halt perpendicular to the roadway.  Sid, who was also driving at an excessive speed and was immediately behind Fran, saw Fran's car perpendicular to the roadway.  Although Sid had sufficient distance to come to a slow, controlled stop, he decided not to slow down but, rather, to swerve to the left in an effort to go around Fran's car.  Due to oncoming traffic, the space was insufficient and Sid's car collided with Fran's car, severely injuring Fran. 

Fran filed a personal injury action against Sid in a jurisdiction in which contributory negligence is a bar to recovery. 

Will Fran prevail? 

(A)  Yes, if the jury finds that Sid was more than 50% at fault.

(B)  Yes, if the jury finds that Sid had the last clear chance.

(C)  No, if the jury finds that Fran's conduct was in any way a legal cause of the accident.

(D)  No, if the jury finds that, in speeding, Fran assumed the risk.

Answer