Auto Accident Attorney Cheat Sheet 2026

The 30 highest-yield Auto Accident Attorney facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.

1. If an auto accident attorney refers a client to another attorney, what must be disclosed to the client? → Any referral fee arrangement between the attorneys
2. What does the legal term 'scope of representation' define in an auto accident case? → The specific legal matters and services the attorney has agreed to handle for the client
3. In a rear-end collision, which party is typically presumed to be at fault? → The rear driver
4. What is an 'interrogatory' in auto accident litigation? → Written questions submitted to the opposing party that must be answered under oath
5. Under Model Rules of Professional Conduct, how promptly must an auto accident attorney respond to client communications? → Within a reasonable time
6. What is 'voir dire' in an auto accident jury trial? → The jury selection process where attorneys question potential jurors to identify bias
7. What is 'barratry' in the context of auto accident attorneys? → Soliciting or stirring up lawsuits for personal profit, sometimes called ambulance chasing
8. Under what circumstance is an auto accident attorney permitted to settle a client's case without the client's explicit approval? → Never — only the client has authority to accept or reject a settlement
9. What is a 'contingency fee' arrangement common in auto accident cases? → The attorney is paid a percentage of the recovery only if the case is won; no upfront fees
10. What are 'hedonic damages' in catastrophic auto accident cases? → Compensation for the loss of enjoyment and pleasure of life due to permanent disability
11. Which document formally establishes the attorney-client relationship and outlines the fee arrangement in an auto accident case? → A retainer agreement
12. What are 'economic damages' in an auto accident case? → Quantifiable financial losses such as medical bills, lost wages, and property damage
13. When can a government entity be held liable for an auto accident on a public road? → When a dangerous road condition it knew about and failed to fix caused the accident
14. Which element is NOT required to prove negligence in an auto accident case? → Proof of criminal intent
15. If an auto accident attorney receives a settlement check made out to both the attorney and client, what must happen first? → The funds must be deposited into a client trust account until distribution is agreed upon
16. What must a plaintiff prove to establish a negligence claim in an auto accident case? → Duty, breach, causation, and damages
17. What role do 'cell phone records' play in auto accident investigations? → They can prove whether a driver was texting or using their phone at the time of the crash
18. An auto accident attorney who represents two clients injured in the same accident may face which ethical problem? → A conflict of interest
19. What is the statute of limitations for personal injury auto accident claims in most US states? → Two to three years from the date of the accident in most states
20. Under modified comparative fault (51% bar rule), when is a plaintiff barred from recovery? → When the plaintiff is 51% or more at fault
21. Which US states follow the 'contributory negligence' rule, which bars recovery if the plaintiff is even 1% at fault? → Alabama, Maryland, Virginia, North Carolina, and D.C.
22. A client asks their auto accident attorney to present fabricated medical records to boost their claim. The attorney should: → Refuse and potentially withdraw from representation
23. Under the 'dram shop' liability theory, who can be sued when a drunk driver causes an auto accident? → The bar or establishment that over-served alcohol to the visibly intoxicated driver
24. What is 'stacking' of auto insurance policies? → Combining coverage from multiple vehicles or policies to increase available compensation
25. Under attorney-client privilege, which of the following is protected from disclosure? → Confidential communications between the client and attorney made for legal advice
26. What is the typical contingency fee percentage an auto accident attorney charges in the United States? → 33–40%
27. What is the legal doctrine of 'negligence per se' in auto accident cases? → Negligence is presumed when a driver violates a traffic law that causes injury
28. What is 'strict liability' and when might it apply in auto accident cases? → Liability without proof of fault, which can apply to product defects causing accidents
29. In a multi-vehicle chain-reaction crash, which legal theory helps determine each driver's proportionate liability? → Comparative fault apportionment
30. Which rule requires an auto accident attorney to possess the legal knowledge and skill necessary to handle a personal injury case competently? → Duty of competence