Auto Accident Attorney Fault and Liability 1 — Questions and Answers
Question 1: Under comparative negligence law, if you are found 30% at fault in an auto accident, how does this affect your compensation?
- Your recovery is reduced by 30% (Correct answer)
- You receive no compensation
- Your recovery is increased by 30%
- Fault percentage has no effect on compensation
Correct answer: Your recovery is reduced by 30%
Under pure comparative negligence, your damages award is reduced by your percentage of fault.
Question 2: Which US states follow the 'contributory negligence' rule, which bars recovery if the plaintiff is even 1% at fault?
- Alabama, Maryland, Virginia, North Carolina, and D.C. (Correct answer)
- California, New York, Florida, and Texas
- All 50 states follow this rule
- Only states without no-fault insurance
Correct answer: Alabama, Maryland, Virginia, North Carolina, and D.C.
Only Alabama, Maryland, Virginia, North Carolina, and Washington D.C. still use the strict contributory negligence doctrine.
Question 3: What is the legal doctrine of 'negligence per se' in auto accident cases?
- Negligence is presumed when a driver violates a traffic law that causes injury (Correct answer)
- The plaintiff must prove negligence beyond a reasonable doubt
- A driver is always liable for hitting a pedestrian
- Insurance companies are automatically negligent for denying claims
Correct answer: Negligence is presumed when a driver violates a traffic law that causes injury
Negligence per se arises when a defendant's violation of a statute designed to protect against the type of harm that occurred establishes negligence automatically.
Question 4: In a rear-end collision, which party is typically presumed to be at fault?
- The rear driver (Correct answer)
- The front driver
- Both drivers equally
- The vehicle manufacturer
Correct answer: The rear driver
The rear driver is generally presumed at fault because drivers are expected to maintain a safe following distance.
Question 5: What is the 'last clear chance' doctrine in auto accident liability?
- A defendant may be liable even if plaintiff was negligent, if defendant had the last opportunity to avoid the accident (Correct answer)
- The first driver to brake has no liability
- Insurance must pay if neither driver is clearly at fault
- The final police report determines fault conclusively
Correct answer: A defendant may be liable even if plaintiff was negligent, if defendant had the last opportunity to avoid the accident
The last clear chance doctrine allows a negligent plaintiff to recover if the defendant had the final opportunity to prevent the injury but failed to do so.
Question 6: Which element is NOT required to prove negligence in an auto accident case?
- Proof of criminal intent (Correct answer)
- Duty of care
- Breach of duty
- Causation
Correct answer: Proof of criminal intent
Negligence requires duty, breach, causation, and damages — criminal intent is not an element of civil negligence.
Auto Accident Attorney Fault and Liability 1
Under comparative negligence law, if you are found 30% at fault in an auto accident, how does this affect your compensation?