Accident Lawyer Accident Legal Knowledge 5 — Questions and Answers
Question 1: During a deposition in an accident case, the injured plaintiff is questioned by whom?
- The opposing attorney, under oath before a court reporter (Correct answer)
- Their own doctor
- The jury foreperson
- The judge in open court
Correct answer: The opposing attorney, under oath before a court reporter
Depositions are sworn out-of-court testimony taken by opposing counsel and recorded by a court reporter.
Question 2: A defective airbag fails to deploy, worsening a driver's injuries. Which claim targets the manufacturer regardless of its care in production?
- Ordinary negligence only
- Trespass to chattels
- Breach of fiduciary duty
- Strict products liability (Correct answer)
Correct answer: Strict products liability
Strict products liability holds manufacturers liable for defective products without proving negligence.
Question 3: What does 'loss of consortium' compensate in an accident case?
- Damage to the vehicle
- The victim's lost overtime pay
- A spouse's loss of companionship and support due to the victim's injuries (Correct answer)
- Lost business profits
Correct answer: A spouse's loss of companionship and support due to the victim's injuries
Loss of consortium is a derivative claim by a spouse for lost companionship, affection, and services.
Question 4: An insurer unreasonably refuses to settle a clear-liability claim within policy limits, and a verdict exceeds those limits. What claim may arise?
- Malpractice claim against the plaintiff's doctor
- Bad faith claim against the insurer (Correct answer)
- Defamation claim against the jury
- Antitrust claim against the court
Correct answer: Bad faith claim against the insurer
An insurer's unreasonable refusal to settle within limits can expose it to bad faith liability for the excess verdict.
Question 5: Which evidence rule generally prevents using a defendant's post-accident repairs to prove negligence?
- The best evidence rule
- The rule against perpetuities
- The subsequent remedial measures rule (Correct answer)
- The parol evidence rule
Correct answer: The subsequent remedial measures rule
Evidence of subsequent remedial measures is inadmissible to prove negligence, to encourage safety fixes.
Question 6: A motorcyclist not wearing a helmet suffers head injuries in a crash caused by another driver. In many states, the helmet nonuse may do what?
- Shift all fault to the motorcycle manufacturer
- Convert the case to criminal court
- Automatically bar the entire claim
- Reduce damages under a failure-to-mitigate or comparative fault argument (Correct answer)
Correct answer: Reduce damages under a failure-to-mitigate or comparative fault argument
Many states allow helmet or seatbelt nonuse to reduce damages attributable to the plaintiff's own avoidable harm.
Question 7: What is the purpose of a 'structured settlement' in a serious injury case?
- To structure the trial schedule
- To cap attorney fees
- To pay the plaintiff through periodic payments over time rather than one lump sum (Correct answer)
- To divide fault among defendants
Correct answer: To pay the plaintiff through periodic payments over time rather than one lump sum
Structured settlements provide tax-advantaged periodic payments, often used for long-term care needs.
Accident Lawyer Accident Legal Knowledge 5
During a deposition in an accident case, the injured plaintiff is questioned by whom?