A driver who swerves off the road into a tree rather than braking in response to another vehicle cutting into their lane may be found contributorily negligent at a high percentage (75%) where the evidence supports a finding that the driver panicked and overreacted to an event that was less than a dire emergency. Appellate courts will be slow to disturb a jury's apportionment, particularly where there was meagre evidence of the other driver's negligence but abundant evidence of the plaintiff's overreaction.
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