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

Under pure comparative negligence, your damages award is reduced by your percentage of fault.

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

Only Alabama, Maryland, Virginia, North Carolina, and Washington D.C. still use the strict contributory negligence doctrine.

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

Negligence per se arises when a defendant's violation of a statute designed to protect against the type of harm that occurred establishes negligence automatically.

Question 4

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

Accepted Answer

The rear driver

Answer

The rear driver is generally presumed at fault because drivers are expected to maintain a safe following distance.

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 last clear chance doctrine allows a negligent plaintiff to recover if the defendant had the final opportunity to prevent the injury but failed to do so.

Auto Accident Attorney Practice Test

Auto Accident Attorney Practice Test

Auto Accident Attorney Fault and Liability