Liability and Negligence Principles Flashcards

Which type of damages compensates a plaintiff for pain, suffering, emotional distress, and loss of enjoyment of life resulting from an auto accident?

Answer: General (non-economic) damages

General damages, also called non-economic damages, compensate for intangible losses such as pain and suffering, emotional distress, and loss of life enjoyment.

When adjusting a liability claim, the adjuster discovers the claimant failed to seek medical treatment for two weeks after the accident. How does this affect the claim evaluation?

Answer: It may be used to argue the claimant failed to mitigate damages, potentially reducing the award

Plaintiffs have a duty to mitigate their damages; delayed medical treatment can be argued to have worsened injuries unnecessarily, reducing the defendant's liability for those aggravated damages.

An adult passenger knowingly rides in a vehicle operated by a driver who is visibly drunk. They are injured in an accident. In a comparative negligence state, how might this affect their recovery?

Answer: Their recovery may be reduced proportionally based on their own contributory fault

In comparative negligence states, a passenger who knowingly accepted a ride from a drunk driver may have their recovery reduced to reflect their own contributory negligence or assumption of risk.

A driver runs a stop sign (a statutory violation) and causes an accident. The concept of 'negligence per se' means:

Answer: Violation of the traffic statute establishes negligence without requiring proof of unreasonable conduct

Negligence per se means that violating a statute designed to protect the public (like a traffic law) constitutes negligence as a matter of law, removing the need to separately prove the breach element.

Two drivers simultaneously enter an intersection from different directions and collide. Neither had a right-of-way advantage. How are liability and damages most likely allocated under comparative fault?

Answer: Each driver's percentage of fault is determined by the facts, and damages are allocated accordingly

Under comparative fault, the jury or adjuster assigns each driver a percentage of fault based on the specific facts, and damages are distributed accordingly.

What is the significance of an independent medical examination (IME) in a disputed auto liability claim?

Answer: It provides the insurer with an objective medical opinion on the nature and extent of the claimant's injuries

An IME gives the insurer an independent physician's evaluation of the claimant's injuries, which can help assess the legitimacy and extent of medical claims in a liability dispute.

A teenage driver borrowed a parent's vehicle without permission and caused an accident. Under which doctrine might the parent still be held liable in some jurisdictions?

Answer: Family purpose doctrine

The family purpose doctrine holds a vehicle owner liable when a family member uses the vehicle for a family purpose, even without explicit permission in some jurisdictions.