Accident Lawyer Accident Legal Knowledge 2 — Questions and Answers
Question 1: Under a pure comparative negligence system, a plaintiff found 80% at fault for an accident can recover what portion of their damages?
- 50% of their damages
- Nothing at all
- 100% of their damages
- 20% of their damages (Correct answer)
Correct answer: 20% of their damages
Pure comparative negligence reduces recovery by the plaintiff's fault percentage but never bars it entirely.
Question 2: What is the primary purpose of a statute of limitations in personal injury cases?
- To determine which court hears the case
- To require settlement before trial
- To set a deadline for filing a lawsuit after the injury (Correct answer)
- To limit the amount of damages recoverable
Correct answer: To set a deadline for filing a lawsuit after the injury
Statutes of limitations bar claims filed after a set time period following the injury or its discovery.
Question 3: In a car accident case, which doctrine may hold an employer liable for a delivery driver's negligence committed within the scope of employment?
- Res ipsa loquitur
- Contributory negligence
- Assumption of risk
- Respondeat superior (Correct answer)
Correct answer: Respondeat superior
Respondeat superior imputes an employee's negligence within the scope of employment to the employer.
Question 4: A pedestrian is hit in a crosswalk and suffers a concussion. Which category best describes compensation for their pain and suffering?
- Economic damages
- Punitive damages
- Non-economic damages (Correct answer)
- Nominal damages
Correct answer: Non-economic damages
Pain and suffering are intangible losses classified as non-economic damages.
Question 5: What must a plaintiff generally prove to establish negligence in an accident case?
- Intent, motive, and opportunity
- Only that an injury occurred
- A prior criminal conviction of the defendant
- Duty, breach, causation, and damages (Correct answer)
Correct answer: Duty, breach, causation, and damages
Negligence requires proving duty, breach of that duty, causation, and actual damages.
Question 6: In a 'no-fault' auto insurance state, an injured driver typically first seeks compensation from whom?
- The other driver's insurer
- Their employer
- The state victim fund
- Their own insurance company under PIP coverage (Correct answer)
Correct answer: Their own insurance company under PIP coverage
No-fault states require drivers to claim medical costs through their own personal injury protection coverage regardless of fault.
Question 7: Which of the following best describes a contingency fee arrangement common in accident cases?
- The attorney bills hourly regardless of outcome
- The client pays a flat fee upfront
- The attorney is paid a percentage of the recovery only if the case succeeds (Correct answer)
- The court pays the attorney from public funds
Correct answer: The attorney is paid a percentage of the recovery only if the case succeeds
Contingency fees give the attorney an agreed percentage of any settlement or verdict, with no fee if the client loses.
Accident Lawyer Accident Legal Knowledge 2
Under a pure comparative negligence system, a plaintiff found 80% at fault for an accident can recover what portion of their damages?