Special Accident Scenarios and Liability Flashcards
6 cards from real Accident Lawyer Tips practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Special Accident Scenarios and Liability flashcards as text
What is a 'product liability' claim after an accident caused by a defective vehicle?
Answer: A claim against the manufacturer for a design or manufacturing defect that caused the accident
Product liability holds manufacturers responsible when defective vehicle components such as faulty brakes or airbags contribute to an accident.
How does 'sovereign immunity' affect accident claims against a government entity?
Answer: Government entities often have immunity from lawsuits but may have limited waiver through tort claims acts
Federal and state governments are protected by sovereign immunity but often waive it partially through tort claims acts that allow limited accident lawsuits.
What is 'vicarious liability' in an accident caused by an employee driver?
Answer: An employer is held legally responsible for the negligent acts of their employee while working
Vicarious liability extends an employer's legal responsibility to accidents caused by employees acting within the scope of their employment.
What unique challenges exist in hit-and-run accident injury claims?
Answer: You must rely on your own uninsured motorist coverage since the at-fault driver fled
When the at-fault driver cannot be identified after a hit-and-run, your uninsured motorist coverage is the primary source of compensation.
What is 'assumption of risk' as a defense in accident cases?
Answer: The plaintiff knowingly and voluntarily accepted a known danger, reducing or eliminating the defendant's liability
Assumption of risk can reduce or bar recovery when a plaintiff voluntarily participated in a risky activity knowing its inherent dangers.
How do rideshare accident claims (Uber/Lyft) differ from regular car accident claims?
Answer: Liability depends on whether the driver was on the app and whether they had a passenger at the time
Rideshare company insurance coverage varies depending on the driver's app status: waiting for a ride, en route, or carrying a passenger.