Liability & Negligence in Truck Accidents Flashcards
7 cards from real Truck Accident Lawyer practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Liability & Negligence in Truck Accidents flashcards as text
Which legal doctrine holds a trucking company vicariously liable for accidents caused by its employed drivers acting within the scope of their employment?
Answer: Respondeat superior
Respondeat superior ('let the master answer') makes employers liable for employees' negligent acts performed within the scope of their employment.
When multiple parties share fault for a truck accident, which legal principle governs how damages are divided among them?
Answer: Comparative fault
Comparative fault apportions damages among all at-fault parties based on each party's percentage of responsibility for the accident.
A trucking company hires a driver despite knowing about the driver's multiple prior DUI convictions. This exposes the company to liability under which theory?
Answer: Negligent hiring
Negligent hiring occurs when an employer fails to conduct adequate screening and hires someone with a known dangerous history, making the company directly liable.
Even when a truck driver is classified as an independent contractor, a trucking company may still face liability if:
Answer: The driver was operating company-owned equipment
Courts often find trucking companies liable when independent contractors use company-owned vehicles because the company retains control over the instrument of harm.
A truck's brake system fails due to a manufacturing defect, causing a fatal accident. Under which legal theory can the brake manufacturer be held liable without proving negligence?
Answer: Strict products liability
Strict products liability holds manufacturers liable for defective products that cause harm regardless of whether the manufacturer acted negligently.
In a pure comparative negligence state, if a plaintiff is found 40% at fault for a truck accident with $100,000 in total damages, how much can they recover?
Answer: $60,000
Under pure comparative negligence, plaintiffs recover damages reduced by their own fault percentage — 40% fault means 60% recovery, or $60,000.
What standard of proof must a truck accident plaintiff meet to establish negligence in a civil lawsuit?
Answer: Preponderance of the evidence
Civil negligence claims require proof by a preponderance of the evidence, meaning it is more likely than not (over 50%) that the defendant was negligent.