Litigation & Trial Process for Truck Accidents Flashcards
6 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 6 Litigation & Trial Process for Truck Accidents flashcards as text
What is 'comparative negligence' and how does it affect a truck accident plaintiff's recovery?
Answer: A system that reduces the plaintiff's damages by their percentage of fault for the accident
Under comparative negligence, a plaintiff's recovery is reduced proportionally by their share of fault — for example, 20% at fault means a 20% reduction in damages.
What is 'contributory negligence' and in which states does it still apply?
Answer: A strict rule barring any recovery if the plaintiff is even 1% at fault, still applied in a few states like Alabama, Maryland, and Virginia
Pure contributory negligence is a harsh minority rule — even minimal fault on the plaintiff's part completely bars their recovery, unlike comparative negligence states.
What is 'joint and several liability' in a truck accident involving multiple defendants?
Answer: Each defendant can be held responsible for the entire damage award, allowing the plaintiff to collect the full amount from any one defendant
Joint and several liability allows a plaintiff to recover 100% of damages from one defendant even if others were also at fault, protecting victims when co-defendants are insolvent.
What is the purpose of an 'opening statement' in a truck accident trial?
Answer: To give the jury an overview of the evidence each side expects to present and the story of the case
Opening statements preview the evidence and frame the narrative for the jury, setting expectations before testimony and exhibits are presented.
What is a 'directed verdict' in a truck accident trial?
Answer: A ruling by the judge that the evidence is legally insufficient for the jury to find for one party, taking the issue from the jury
A directed verdict (now called 'judgment as a matter of law' in federal court) ends the case when no reasonable jury could find for the non-moving party based on the evidence presented.
What is the role of 'closing arguments' in a truck accident trial?
Answer: Each attorney summarizes the evidence, highlights weaknesses in the opposing case, and urges the jury to reach a specific verdict
Closing arguments give attorneys their final opportunity to persuade the jury by tying together the evidence, discrediting opposing witnesses, and applying the law to the facts.