Tort Contract law

Sandy is riding her motorized two-wheel scooter on the gravel portion of the shoulder adjacent to a two-lane roadway. The shoulder of this roadway is level with the road surface and Sandy is “scootering” on the right-hand shoulder in the same direction as traffic. The gravel shoulder of the road caused Sandy to lose her balance and she fall headfirst into the right hand lane of traffic. Bill, who is driving a school bus and traveling the speed limit for the road, tries to brake and swerve away from where Sandy fell. Traffic is so heavy that Bill has nowhere to go and cannot stop fast enough before running over Sandy’s head.

Analyze whether or not Sandy, not Bill, possessed a duty to exercise reasonable care and if she breached that duty. Explain why