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

Hit-and-run victims can typically use their own uninsured motorist (UM) coverage to seek compensation when the at-fault driver cannot be identified.

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

The eggshell plaintiff rule requires defendants to take their victims as they find them, including pre-existing conditions that make injuries more severe.

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

Causation in fact asks whether the injury would have occurred but for the defendant's conduct, while proximate cause limits liability to harms that were a foreseeable result.

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

Under limited sovereign immunity exceptions, municipalities can be liable when negligent road maintenance, signage, or design contributes to an accident.

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

Assumption of risk can reduce or eliminate a plaintiff's recovery if they knowingly and voluntarily encountered a dangerous situation.

Auto Accident Attorney Practice Test

Auto Accident Attorney Practice Test

Auto Accident Attorney Fault and Liability 3