accident attorney Cheat Sheet 2026

The 30 highest-yield accident attorney facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.

1. Independent contractors are generally: → Not covered by workers' compensation because they are not classified as employees
2. What percentage of an injured worker's average weekly wages do most states provide for TTD benefits? → Approximately two-thirds (66.67%)
3. In most U.S. jurisdictions, medical malpractice plaintiffs are required to present expert testimony primarily to: → Establish the standard of care and demonstrate how the defendant deviated from it
4. What type of evidence is typically most persuasive in an accident liability case? → Physical evidence and contemporaneous photographs from the scene
5. A workers' compensation lump sum settlement typically requires: → Approval by the state workers' compensation agency or a judge
6. What is negligent entrustment in the context of vehicle accidents? → Liability of a vehicle owner for lending their car to an incompetent or unlicensed driver
7. What is the primary legal basis for most accident injury claims in the United States? → Tort law
8. What is a lien in the context of a personal injury settlement? → A legal claim by a third party against the plaintiff's settlement proceeds
9. What does collision coverage pay for in an auto insurance policy? → Damage to the insured's own vehicle resulting from a collision, regardless of fault
10. What is the 'eggshell skull' (thin skull) rule in personal injury law? → Defendants take plaintiffs as they find them, even with pre-existing vulnerabilities
11. What is the statute of limitations for most personal injury claims in the majority of US states? → 2 years
12. What is 'assumption of risk' as a defense in personal injury cases? → The plaintiff voluntarily accepted a known risk inherent in an activity
13. What is respondeat superior and how does it apply to accident cases? → Employers are liable for employees' negligent acts committed during employment
14. Under the 'coming and going' rule, an injury sustained during an employee's ordinary commute to work is typically: → Not covered because it occurs outside the scope of employment
15. To establish a medical malpractice claim, a plaintiff must prove all of the following EXCEPT: → The defendant intended to harm the plaintiff
16. If an injured worker receives workers' compensation benefits and later obtains a third-party tort recovery, the employer or insurer typically may: → Assert a subrogation lien against the third-party recovery
17. In a pure contributory negligence state, what happens if the plaintiff is 1% at fault? → The plaintiff is completely barred from recovery
18. What is a 'duty of care' in personal injury law? → A legal obligation to act with reasonable care toward others
19. What is a structured settlement in a personal injury case? → Periodic payments made to the plaintiff over time rather than a lump sum
20. Which defense argues that a hazardous condition was so obvious that the plaintiff should have avoided it? → Open and obvious doctrine
21. What is the first formal step in filing a personal injury lawsuit? → Filing a complaint in the appropriate court
22. What is voir dire in a personal injury trial? → The jury selection process where attorneys question potential jurors to identify bias
23. When does a car accident become a potential wrongful death claim? → When the accident victim dies as a result of injuries sustained in the crash
24. What is vicarious liability in accident law? → Liability imposed on one party for the negligent acts of another due to their relationship
25. Under workers' compensation law, 'occupational disease' coverage generally applies to: → Diseases or conditions caused by specific employment conditions or exposures
26. Which tort doctrine holds an employer liable for the negligent acts of an employee committed within the scope of employment? → Respondeat superior
27. What is the legal standard a plaintiff must prove in a personal injury case in the US? → Preponderance of the evidence
28. What is strict liability in accident cases? → Liability imposed without requiring proof of negligence or intent
29. 'Vocational rehabilitation' benefits in workers' compensation are intended to: → Help injured workers acquire new skills or training to return to gainful employment
30. In a medical malpractice case, 'special damages' (economic damages) typically include: → Past and future medical expenses, lost wages, and rehabilitation costs