Richard Drank All the Beer at the House One Evening

Multiple Choice

Richard drank all the beer at the house one evening, and knowing he was not in a fit state to drive, decided to walk down the highway to the beer store for more. In order not to get lost, he followed the centre line on the road. Milton, who was driving too fast for his headlights on low beam, hit Richard from behind, and seriously injured him.

A) Richard had clearly voluntarily assumed the risk of injury by walking on the highway, and Milton is not liable.
B) Richard had waived any right to sue by voluntarily getting drunk.
C) If Milton had the last clear chance to avoid the accident, he will be liable unless he can prove that Richard was the only one with the last opportunity to avoid the accident.
D) By getting drunk and walking on the highway, Richard was negligent and will have to bear all of the losses caused by his own negligence.
E) By getting drunk and walking on the highway, Richard was negligent and will have to bear part of the losses caused by his own negligence.