Accident Lawyer Auto and Vehicle Accident Law 2 — Questions and Answers
Question 1: What is 'dram shop liability' in vehicle accident law?
- Liability of a tire shop for selling defective tires
- The legal liability of a bar or alcohol vendor for injuries caused by a visibly intoxicated patron they served (Correct answer)
- Liability for selling vehicles with defective brakes
- A doctrine holding the vehicle manufacturer liable for drunk-driving accidents
Correct answer: The legal liability of a bar or alcohol vendor for injuries caused by a visibly intoxicated patron they served
Dram shop laws hold establishments that serve alcohol to a visibly intoxicated person liable for injuries that person subsequently causes, including drunk driving accidents.
Question 2: What is 'negligent entrustment' of a vehicle?
- The failure of a mechanic to properly maintain a vehicle
- Allowing someone to use a vehicle when the owner knew or should have known the driver was unfit (Correct answer)
- A lender's liability for financing a vehicle used in an accident
- A passenger's liability for not wearing a seatbelt
Correct answer: Allowing someone to use a vehicle when the owner knew or should have known the driver was unfit
Negligent entrustment holds a vehicle owner liable when they allowed an incompetent, unlicensed, or dangerous driver to use their vehicle and that driver caused an accident.
Question 3: What is the 'frolic and detour' rule as it applies to employer liability in auto accidents?
- An employer is always liable for employee accidents during work hours
- An employer is not liable for accidents that occur when an employee substantially deviates from their work duties for personal reasons (Correct answer)
- A scenic route exemption for commercial truck drivers
- A rule allowing employers to reduce damages by the employee's detour mileage
Correct answer: An employer is not liable for accidents that occur when an employee substantially deviates from their work duties for personal reasons
When an employee departs significantly from their work duties for a personal errand (a 'frolic'), the employer may not be liable under respondeat superior for accidents during that deviation.
Question 4: What is 'contributory negligence' and in which type of US jurisdiction is it still used?
- A doctrine that reduces damages proportionally, used in most states
- A doctrine that completely bars plaintiff recovery if they were even 1% at fault, still used in a small minority of states (Correct answer)
- A rule requiring both drivers to contribute equally to damages
- A standard applied only in federal court cases
Correct answer: A doctrine that completely bars plaintiff recovery if they were even 1% at fault, still used in a small minority of states
Under contributory negligence, if the plaintiff is found even slightly at fault, they are barred from any recovery — only a handful of states like Maryland and Virginia still apply this strict rule.
Question 5: What is a 'hit-and-run' accident and how does it affect a personal injury claim?
- An accident where the at-fault driver flees; the victim may claim under their own UM coverage (Correct answer)
- An accident involving a vehicle and a pedestrian; only personal injury applies
- A minor fender bender where no injuries occur
- An accident caused by road rage where both drivers flee
Correct answer: An accident where the at-fault driver flees; the victim may claim under their own UM coverage
In a hit-and-run accident, the at-fault driver flees the scene, leaving the victim to pursue compensation through their own uninsured motorist (UM) coverage.
Question 6: What is the purpose of an 'accident reconstruction expert' in a vehicle accident case?
- To rebuild the damaged vehicles for display
- To scientifically analyze crash data and provide expert opinions on how and why an accident occurred (Correct answer)
- To negotiate the settlement with the insurer
- To conduct the medical examination of the injured parties
Correct answer: To scientifically analyze crash data and provide expert opinions on how and why an accident occurred
Accident reconstruction experts use physics, engineering, and crash data to determine vehicle speeds, points of impact, and the sequence of events in a collision.
Accident Lawyer Auto and Vehicle Accident Law 2
What is 'dram shop liability' in vehicle accident law?