Accident Lawyer Cheat Sheet 2026

The 30 highest-yield Accident Lawyer facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.

1. In a wrongful death case involving a product defect, under which legal theory might the manufacturer be held strictly liable? → Products liability / strict liability
2. When obtaining a witness's statement, we should → All of the above
3. In a rear-end collision, who is typically presumed at fault under US traffic law? → The rear driver for following too closely or failing to stop in time
4. An insurer unreasonably refuses to settle a clear-liability claim within policy limits, and a verdict exceeds those limits. What claim may arise? → Bad faith claim against the insurer
5. What is 'loss of consortium' in the context of a wrongful death claim? → A surviving spouse's loss of companionship, affection, and support
6. Does the insurance provider have to immediately cover my medical expenses and lost wages? → Not necessarily
7. When you're done shooting pictures, you should? → Make a hard copy and attach to the project accident files.
8. What is a 'structured settlement' in personal injury cases? → Periodic payments made to the plaintiff over time instead of a lump sum
9. What evidentiary role does an OSHA citation against a contractor typically play in a related civil negligence suit? → It can be evidence of negligence but is usually not conclusive proof
10. It's important to when gathering physical evidence to → All of the above
11. After a car accident, a client posts on social media that they 'feel fine.' Why is this a reporting and documentation concern for their attorney? → The insurer can use the post to dispute the claimed injuries
12. What does 'first-party' coverage mean in accident insurance? → Coverage that pays the insured for their own losses regardless of fault
13. What factor most significantly increases the settlement value of a personal injury claim? → Clear liability combined with documented serious injuries and high medical bills
14. Which of the following is NOT typically included in a personal injury demand letter? → Criminal history of the plaintiff
15. Your safety is being impacted by the work of a different contractor. You ought to halt your work and → Speak to your supervisor
16. What is 'comparative negligence' in US personal injury law? → A system that reduces the plaintiff's damages based on their share of fault
17. What is the main function of a Form 301 (or equivalent) incident report under OSHA recordkeeping? → It documents the details of each individual recordable injury or illness
18. Should I contact a lawyer to discuss my claim? → Yes
19. In most U.S. states, what is the typical statute of limitations for filing a wrongful death claim? → 1 to 3 years from the date of death
20. What is the purpose of a 'structured settlement' in a serious injury case? → To pay the plaintiff through periodic payments over time rather than one lump sum
21. Can a wrongful death claim and a criminal prosecution for the same death proceed simultaneously? → Yes, civil and criminal cases are independent proceedings with different standards
22. Which expert witness is most essential to prove that a contractor's site practices fell below industry safety standards? → A construction safety expert familiar with OSHA and industry customs
23. Which of the following best describes a contingency fee arrangement common in accident cases? → The attorney is paid a percentage of the recovery only if the case succeeds
24. What must a construction worker generally prove to win an intentional tort exception suit against their own employer? → The employer acted with actual intent or substantial certainty that injury would occur
25. A drunk driver causes a crash after being over-served at a bar. Which law may make the bar liable in many states? → Dram shop law
26. What is 'subrogation waiver' in an insurance settlement? → The insurer agrees not to seek reimbursement from the settlement proceeds
27. If the deceased was partially at fault for the accident that caused their death, which legal doctrine may reduce the wrongful death damages awarded? → Comparative negligence
28. Why is it important for accident victims to avoid recorded statements to the other driver's insurer without an attorney? → Because adjusters may use the statement to minimize or deny the claim
29. A hit-and-run driver leaves the scene of an injury accident. Beyond criminal charges, how can this affect a later civil case? → Fleeing can support consciousness of fault and possibly punitive damages
30. Who typically has the legal standing to file a wrongful death lawsuit in most U.S. states? → Immediate family members such as spouses and children