Auto Accident Attorney Fault and Liability 2 — Questions and Answers
Question 1: What does 'respondeat superior' mean in the context of auto accidents involving company vehicles?
- An employer is liable for an employee's negligent driving during the scope of employment (Correct answer)
- The employer is never responsible for employee accidents
- Only the driver bears personal liability
- The vehicle owner is never liable
Correct answer: An employer is liable for an employee's negligent driving during the scope of employment
Respondeat superior holds employers vicariously liable for torts committed by employees acting within the scope of their employment.
Question 2: What is the 'frolic and detour' exception to employer liability in auto accident cases?
- Employers are not liable when employees are on personal errands unrelated to work (Correct answer)
- Employers are liable even for off-duty employee accidents
- Frolicking drivers are charged higher insurance rates
- Detours always void employer coverage
Correct answer: Employers are not liable when employees are on personal errands unrelated to work
If an employee substantially departs from their employment duties for personal purposes, the employer may escape liability under the frolic and detour doctrine.
Question 3: Under the 'dram shop' liability theory, who can be sued when a drunk driver causes an auto accident?
- The bar or establishment that over-served alcohol to the visibly intoxicated driver (Correct answer)
- Only the drunk driver
- The drunk driver's employer
- The state liquor authority
Correct answer: The bar or establishment that over-served alcohol to the visibly intoxicated driver
Dram shop laws allow injured parties to sue alcohol vendors who served alcohol to a visibly intoxicated person who then caused an accident.
Question 4: What is 'negligent entrustment' in auto accident law?
- Liability of a vehicle owner who lets an unfit driver use their car (Correct answer)
- Negligence in securing cargo
- Failure to maintain proper vehicle insurance
- Entrusting legal decisions to an unqualified attorney
Correct answer: Liability of a vehicle owner who lets an unfit driver use their car
Negligent entrustment holds a vehicle owner liable when they knowingly allow an incompetent, unlicensed, or reckless driver to use their vehicle.
Question 5: In a multi-vehicle chain-reaction crash, which legal theory helps determine each driver's proportionate liability?
- Comparative fault apportionment (Correct answer)
- Joint and several liability only
- The first driver is always solely liable
- Insurance policy stacking
Correct answer: Comparative fault apportionment
Comparative fault allows the jury to assign a percentage of responsibility to each negligent party in multi-vehicle accidents.
Question 6: What is 'strict liability' and when might it apply in auto accident cases?
- Liability without proof of fault, which can apply to product defects causing accidents (Correct answer)
- Liability only when the driver acted intentionally
- A rule that makes all drivers equally liable regardless of fault
- Liability imposed on uninsured drivers only
Correct answer: Liability without proof of fault, which can apply to product defects causing accidents
Strict liability holds a party responsible without requiring proof of negligence, and applies when a defective auto part causes an accident.
Auto Accident Attorney Fault and Liability 2
What does 'respondeat superior' mean in the context of auto accidents involving company vehicles?