Accident Lawyer Accident Legal Knowledge 3 — Questions and Answers
Question 1: A store customer slips on a spill that employees ignored for two hours. Which legal theory most directly applies?
- Strict products liability
- Intentional infliction of emotional distress
- Premises liability based on constructive notice (Correct answer)
- Breach of contract
Correct answer: Premises liability based on constructive notice
A hazard left long enough that the owner should have discovered it creates constructive notice under premises liability.
Question 2: What is the effect of a signed liability waiver on a claim for gross negligence in most states?
- Waivers generally do not bar claims for gross negligence (Correct answer)
- It converts the claim to a criminal matter
- It bars all claims completely
- It doubles the available damages
Correct answer: Waivers generally do not bar claims for gross negligence
Most states hold that waivers can release ordinary negligence but not gross negligence or recklessness.
Question 3: In a rear-end collision, which presumption commonly applies?
- The lead driver is presumed negligent
- Neither driver can be found at fault
- The trailing driver is presumed negligent (Correct answer)
- Both drivers are presumed equally at fault
Correct answer: The trailing driver is presumed negligent
Most jurisdictions presume the rear driver failed to maintain a safe following distance.
Question 4: What is 'subrogation' in the context of an accident settlement?
- Splitting fault between two defendants
- The court substituting one judge for another
- Replacing a plaintiff who dies during litigation
- An insurer's right to recover amounts it paid from the at-fault party's recovery (Correct answer)
Correct answer: An insurer's right to recover amounts it paid from the at-fault party's recovery
Subrogation lets an insurer that paid benefits recoup those payments from the injured party's settlement or the at-fault party.
Question 5: A plaintiff's pre-existing back condition is worsened by a crash. Under the 'eggshell plaintiff' rule, the defendant is liable for what?
- Only future medical costs
- Nothing, because the condition pre-existed
- Only injuries a healthy person would have suffered
- The full extent of the aggravation, even if unusually severe (Correct answer)
Correct answer: The full extent of the aggravation, even if unusually severe
The eggshell plaintiff rule makes defendants take victims as they find them, covering unusually severe aggravations.
Question 6: Which type of expert is most commonly used to explain how a collision physically occurred?
- Handwriting analyst
- Forensic accountant
- Accident reconstruction expert (Correct answer)
- Vocational rehabilitation expert
Correct answer: Accident reconstruction expert
Accident reconstructionists analyze physical evidence, vehicle damage, and physics to explain how a crash happened.
Question 7: What is the main purpose of a demand letter sent to an insurer before litigation?
- To notify the court of trial dates
- To request a jury trial
- To subpoena witnesses
- To present the claim's facts, damages, and a settlement figure (Correct answer)
Correct answer: To present the claim's facts, damages, and a settlement figure
A demand letter summarizes liability and damages and proposes a settlement amount to open negotiations.
Accident Lawyer Accident Legal Knowledge 3
A store customer slips on a spill that employees ignored for two hours.
Which legal theory most directly applies?