Auto Accident Attorney Fault and Liability 3

Question 1

What is a 'hit-and-run' accident and what legal options does the victim have?

Accepted Answer

An accident where the at-fault driver flees; victims can file an uninsured motorist claim

Answer

An accident with no injuries; no legal remedy exists

Answer

An accident involving commercial trucks only

Answer

A traffic infraction with no civil liability

Question 2

How does the 'eggshell plaintiff' rule affect auto accident liability?

Accepted Answer

A defendant is fully liable for all injuries even if the plaintiff had pre-existing vulnerabilities

Answer

Fragile plaintiffs receive reduced damages

Answer

Pre-existing conditions bar recovery

Answer

Only documented medical conditions are covered

Question 3

What is 'causation in fact' vs. 'proximate cause' in auto accident negligence?

Accepted Answer

Causation in fact is 'but-for' causation; proximate cause limits liability to foreseeable consequences

Answer

They are interchangeable legal terms

Answer

Proximate cause requires criminal intent; causation in fact does not

Answer

Causation in fact applies only in criminal cases

Question 4

When can a government entity be held liable for an auto accident on a public road?

Accepted Answer

When a dangerous road condition it knew about and failed to fix caused the accident

Answer

Government entities are always immune from auto accident claims

Answer

Only when a government vehicle is involved

Answer

Only if the road was under federal jurisdiction

Question 5

What is 'assumption of risk' and how can it reduce a plaintiff's recovery in an auto accident case?

Accepted Answer

Voluntarily encountering a known risk may reduce or bar recovery

Answer

Risk assumption increases the plaintiff's damages award

Answer

It only applies to workplace accidents

Answer

Insurance companies use it to set premium rates

Question 6

Under modified comparative fault (51% bar rule), when is a plaintiff barred from recovery?

Accepted Answer

When the plaintiff is 51% or more at fault

Answer

When the plaintiff is any percentage at fault

Answer

When the plaintiff is over 75% at fault

Answer

When the plaintiff fails to wear a seatbelt