Auto Accident Lawyer Liability and Negligence 2

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?

Accepted Answer

Res ipsa loquitur

Answer

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?

Accepted Answer

The reasonable person standard

Answer

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?

Accepted Answer

Gross negligence

Answer

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?

Accepted Answer

Assumption of risk

Answer

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?

Accepted Answer

The rear driver

Answer

The rear driver is typically presumed negligent in rear-end collisions because they have a duty to maintain a safe following distance.

Auto Accident Lawyer Practice Test

Auto Accident Lawyer Practice Test

Auto Accident Lawyer Liability and Negligence 2