Auto Accident Lawyer Liability and Negligence 1 — Questions and Answers
Question 1: What legal doctrine holds that a driver who fails to exercise reasonable care while operating a vehicle is liable for resulting accidents?
- Strict liability
- Negligence (Correct answer)
- Vicarious liability
- Res ipsa loquitur
Correct answer: Negligence
Negligence is the failure to exercise the care that a reasonably prudent person would exercise, making a driver liable for accident-related damages.
Question 2: Under comparative fault, how is compensation affected when the injured plaintiff is found 30% at fault for a car accident?
- Plaintiff receives full compensation
- Plaintiff's compensation is reduced by 30% (Correct answer)
- Plaintiff receives no compensation
- Plaintiff's compensation is reduced by 70%
Correct answer: Plaintiff's compensation is reduced by 30%
Under comparative fault, the plaintiff's compensation is reduced proportionally by their percentage of fault.
Question 3: What legal doctrine can make an employer liable for a car accident caused by an employee driving during work duties?
- Res ipsa loquitur
- Contributory negligence
- Respondeat superior (Correct answer)
- Assumption of risk
Correct answer: Respondeat superior
Respondeat superior holds employers vicariously liable for negligent acts committed by employees within the scope of their employment.
Question 4: In a state that follows pure contributory negligence, what happens if the plaintiff is found even 1% at fault for an auto accident?
- Damages are reduced by 1%
- Plaintiff is barred from any recovery (Correct answer)
- Plaintiff recovers 99% of damages
- Plaintiff still recovers full damages
Correct answer: Plaintiff is barred from any recovery
Pure contributory negligence completely bars a plaintiff from recovery if they contributed even slightly to the accident.
Question 5: Which type of negligence per se occurs when a driver violates a traffic statute and that violation causes an accident?
- Strict negligence
- Statutory negligence (Correct answer)
- Comparative negligence
- Gross negligence
Correct answer: Statutory negligence
Negligence per se (statutory negligence) is established when a driver violates a statute designed to protect against the type of harm that occurred.
Question 6: What must a plaintiff prove to establish negligence in an auto accident case?
- Duty, breach, causation, and damages (Correct answer)
- Intent, harm, and foreseeability
- Recklessness, injury, and insurance
- Fault, loss, and witness testimony
Correct answer: Duty, breach, causation, and damages
To prove negligence, a plaintiff must establish duty of care, breach of that duty, causation, and resulting damages.
Auto Accident Lawyer Liability and Negligence 1
What legal doctrine holds that a driver who fails to exercise reasonable care while operating a vehicle is liable for resulting accidents?