Auto Accident Attorney Fault and Liability

Question 1

Under comparative negligence law, if you are found 30% at fault in an auto accident, how does this affect your compensation?

Accepted Answer

Your recovery is reduced by 30%

Answer

You receive no compensation

Answer

Your recovery is increased by 30%

Answer

Fault percentage has no effect on compensation

Question 2

Which US states follow the 'contributory negligence' rule, which bars recovery if the plaintiff is even 1% at fault?

Accepted Answer

Alabama, Maryland, Virginia, North Carolina, and D.C.

Answer

California, New York, Florida, and Texas

Answer

All 50 states follow this rule

Answer

Only states without no-fault insurance

Question 3

What is the legal doctrine of 'negligence per se' in auto accident cases?

Accepted Answer

Negligence is presumed when a driver violates a traffic law that causes injury

Answer

The plaintiff must prove negligence beyond a reasonable doubt

Answer

A driver is always liable for hitting a pedestrian

Answer

Insurance companies are automatically negligent for denying claims

Question 4

In a rear-end collision, which party is typically presumed to be at fault?

Accepted Answer

The rear driver

Answer

The front driver

Answer

Both drivers equally

Answer

The vehicle manufacturer

Question 5

What is the 'last clear chance' doctrine in auto accident liability?

Accepted Answer

A defendant may be liable even if plaintiff was negligent, if defendant had the last opportunity to avoid the accident

Answer

The first driver to brake has no liability

Answer

Insurance must pay if neither driver is clearly at fault

Answer

The final police report determines fault conclusively

Question 6

Which element is NOT required to prove negligence in an auto accident case?

Accepted Answer

Proof of criminal intent

Answer

Duty of care

Answer

Breach of duty

Answer

Causation