Accident Lawyer Auto and Vehicle Accident Law 1 — Questions and Answers
Question 1: What is the legal doctrine of 'negligence per se' in auto accident cases?
- The defendant is presumed negligent because they violated a traffic safety law (Correct answer)
- The defendant claims the plaintiff was negligent first
- The court determines negligence without jury input
- The plaintiff is barred from recovery due to their own negligence
Correct answer: The defendant is presumed negligent because they violated a traffic safety law
Negligence per se establishes that a driver who violates a traffic statute (such as running a red light) is automatically considered negligent, eliminating the need to prove breach of duty separately.
Question 2: In a rear-end collision, who is typically presumed at fault under US traffic law?
- The front driver for braking suddenly
- The rear driver for following too closely or failing to stop in time (Correct answer)
- Both drivers equally under comparative fault
- The driver with the older vehicle
Correct answer: The rear driver for following too closely or failing to stop in time
In most US states, the rear driver is presumed at fault in a rear-end collision because drivers are required to maintain a safe following distance and be prepared to stop.
Question 3: What is 'no-fault' auto insurance and which type of accident claim does it primarily affect?
- A system where no driver is ever found at fault
- A system where each driver's own insurer pays their medical bills regardless of fault, limiting personal injury lawsuits (Correct answer)
- Coverage that applies only when neither driver has insurance
- A system in which the government pays all accident claims
Correct answer: A system where each driver's own insurer pays their medical bills regardless of fault, limiting personal injury lawsuits
No-fault insurance requires each driver's own insurer to pay their medical expenses regardless of fault, and most no-fault states restrict the right to sue unless injuries meet a certain threshold.
Question 4: What is 'uninsured motorist' (UM) coverage?
- Insurance that covers damage caused by storms and natural disasters
- Coverage that compensates the policyholder when hit by a driver with no liability insurance (Correct answer)
- Coverage for the policyholder's own traffic violations
- Coverage for rental cars only
Correct answer: Coverage that compensates the policyholder when hit by a driver with no liability insurance
Uninsured motorist coverage pays the policyholder's injuries and damages when the at-fault driver carries no auto liability insurance.
Question 5: What evidence is typically most valuable in proving liability in a car accident case?
- Witness opinions about driving habits in general
- The police report, witness statements, and traffic camera or dashcam footage (Correct answer)
- The plaintiff's verbal account alone
- Social media posts by the defendant made after the accident
Correct answer: The police report, witness statements, and traffic camera or dashcam footage
The police report, eyewitness statements, and objective video footage are the most compelling evidence for establishing who was at fault in a car accident.
Question 6: What is the legal significance of a 'traffic citation' issued at the scene of an accident?
- It automatically proves civil liability in a personal injury lawsuit
- It serves as evidence of negligence but does not conclusively establish civil liability (Correct answer)
- It bars the cited driver from any insurance coverage for the accident
- It has no relevance to a civil personal injury claim
Correct answer: It serves as evidence of negligence but does not conclusively establish civil liability
A traffic citation is relevant evidence and can support a negligence per se argument, but a civil jury still makes the ultimate determination of liability in a personal injury case.
Accident Lawyer Auto and Vehicle Accident Law 1
What is the legal doctrine of 'negligence per se' in auto accident cases?