Accident Lawyer Accident Prevention And Reporting 4

Question 1

In many states, NTSB and similar official probable-cause conclusions are treated how in civil injury litigation?

Accepted Answer

The probable-cause determination itself is generally inadmissible

Answer

By statute, NTSB probable-cause reports are generally inadmissible in civil damage suits, though factual portions may come in.

Question 2

A client was injured at work but waited three weeks to notify the employer. What is the biggest risk to their workers' compensation claim?

Accepted Answer

Denial or reduction for failing to give timely notice under state law

Answer

Most states require prompt notice, often within about 30 days, and late notice can jeopardize benefits.

Question 3

Which hazard-control measure sits at the top of the hierarchy of controls used in accident prevention?

Accepted Answer

Elimination of the hazard

Answer

The hierarchy of controls ranks elimination as the most effective measure, with PPE as the last resort.

Question 4

Why is a defendant's post-accident repair of a hazard (subsequent remedial measure) generally excluded from evidence to prove negligence?

Accepted Answer

Courts want to encourage safety improvements without fear of admission of fault

Answer

Evidence rules exclude subsequent remedial measures to avoid discouraging safety fixes, though exceptions exist for ownership or feasibility.

Question 5

A hit-and-run driver leaves the scene of an injury accident. Beyond criminal charges, how can this affect a later civil case?

Accepted Answer

Fleeing can support consciousness of fault and possibly punitive damages

Answer

Leaving the scene can be argued as evidence of consciousness of fault and egregious conduct supporting punitive damages.

Accident Lawyer Practice Test