Accident Lawyer Auto and Vehicle Accident Law 2

Question 1

What is 'dram shop liability' in vehicle accident law?

Accepted Answer

The legal liability of a bar or alcohol vendor for injuries caused by a visibly intoxicated patron they served

Answer

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?

Accepted Answer

Allowing someone to use a vehicle when the owner knew or should have known the driver was unfit

Answer

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?

Accepted Answer

An employer is not liable for accidents that occur when an employee substantially deviates from their work duties for personal reasons

Answer

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?

Accepted Answer

A doctrine that completely bars plaintiff recovery if they were even 1% at fault, still used in a small minority of states

Answer

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?

Accepted Answer

An accident where the at-fault driver flees; the victim may claim under their own UM coverage

Answer

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.

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Accident Lawyer Auto and Vehicle Accident Law 2