Car Accident Law Flashcards
6 cards from real accident attorney practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Car Accident Law flashcards as text
What is 'underinsured motorist' (UIM) coverage?
Answer: Coverage that pays the gap between the at-fault driver's policy limits and the full amount of the insured's damages
UIM coverage activates when the at-fault driver's liability limits are insufficient to fully compensate the injured party, covering the remaining damages up to the UIM policy limit.
What is 'comparative fault' and how does it apply in a multi-vehicle accident?
Answer: Each driver's percentage of fault is determined and their recovery is reduced (or eliminated) accordingly
In multi-vehicle accidents, the factfinder apportions percentages of fault to each driver, and each driver's recovery (if any) is adjusted based on their share of fault.
What is the significance of 'black box' data (EDR data) in car accident reconstruction?
Answer: Event Data Recorders capture vehicle speed, braking, and steering data in the seconds before a crash
Most modern vehicles have EDRs that record pre-crash data including speed, throttle position, brake application, and seatbelt status, which can be critical evidence in accident litigation.
When does a car accident become a potential wrongful death claim?
Answer: When the accident victim dies as a result of injuries sustained in the crash
A wrongful death claim arises when the negligence that would have supported a personal injury claim instead causes the victim's death, allowing the estate and surviving family to sue.
What is a 'letter of protection' (LOP) in a car accident case?
Answer: An attorney's letter to a healthcare provider agreeing to pay medical bills from the case settlement proceeds
An LOP allows injured plaintiffs with no insurance to obtain medical treatment by having their attorney guarantee payment out of any future settlement or judgment.
What is 'hit and run' liability coverage and who does it protect?
Answer: Uninsured motorist coverage that applies when the at-fault driver flees the scene and cannot be identified
Most UM policies cover hit-and-run accidents as if the fleeing driver were an uninsured motorist, allowing the victim to recover from their own insurer.