Auto Accident Lawyer Liability and Negligence 2 — Questions and Answers
Question 1: What is the legal term for when a court infers negligence because an accident would not normally occur without it, such as a car spontaneously veering off a road?
- Strict liability
- Res ipsa loquitur (Correct answer)
- Respondeat superior
- Proximate cause
Correct answer: Res ipsa loquitur
Res ipsa loquitur allows a court to infer negligence when the accident is of a type that ordinarily does not occur absent negligence.
Question 2: Which standard is used to determine if a driver owed a duty of care to another road user?
- The subjective belief standard
- The reasonable person standard (Correct answer)
- The professional driver standard
- The insurance company standard
Correct answer: The reasonable person standard
Courts use the reasonable person standard to determine whether a driver owed and breached a duty of care to other road users.
Question 3: When a drunk driver injures another motorist, what type of negligence may be established given the extreme disregard for safety?
- Comparative negligence
- Ordinary negligence
- Gross negligence (Correct answer)
- Contributory negligence
Correct answer: Gross negligence
Gross negligence involves a conscious and voluntary disregard for others' safety, which drunk driving typically demonstrates.
Question 4: What doctrine can reduce or eliminate a plaintiff's recovery when they voluntarily assumed a known risk of auto accident harm?
- Comparative fault
- Assumption of risk (Correct answer)
- Negligence per se
- Last clear chance
Correct answer: Assumption of risk
Assumption of risk bars or reduces recovery when a plaintiff voluntarily exposed themselves to a known risk that caused their injury.
Question 5: In a rear-end collision, which driver is typically presumed to be negligent?
- The front driver
- The rear driver (Correct answer)
- Both drivers equally
- Neither driver
Correct answer: The rear driver
The rear driver is typically presumed negligent in rear-end collisions because they have a duty to maintain a safe following distance.
Question 6: What is 'proximate cause' in the context of an auto accident lawsuit?
- The nearest witness to the accident
- The legal cause that is closely connected to the resulting harm (Correct answer)
- The traffic signal nearest to the crash
- The first responder at the scene
Correct answer: The legal cause that is closely connected to the resulting harm
Proximate cause is the direct legal cause of harm — the defendant's conduct must be sufficiently related to the plaintiff's injury to impose liability.
Auto Accident Lawyer Liability and Negligence 2
What is the legal term for when a court infers negligence because an accident would not normally occur without it, such as a car spontaneously veering off a road?