Risk Management and Liability Flashcards

A dash cam recording shows the taxi driver ran a red light before an accident. How does this evidence affect the driver's liability?

Answer: It strongly supports a finding of negligence against the driver

Video evidence of a traffic violation directly establishes the driver's negligent act and is admissible in both civil and criminal proceedings.

Which risk is MOST effectively mitigated by requiring passengers to wear seatbelts before the trip begins?

Answer: Reduced injury severity in a crash and potential shared-fault exposure if a passenger refuses

Instructing passengers to buckle up reduces injury severity and can affect comparative fault if an unbelted passenger is injured in a crash.

A taxi driver transports a minor without parental authorization for a cross-state trip. The primary legal risk is:

Answer: Potential kidnapping or custodial interference charges and civil liability

Transporting a minor across state lines without authorization can be treated as kidnapping or custodial interference, carrying severe criminal and civil consequences.

What is the significance of 'actual notice' versus 'constructive notice' in a taxi liability case involving a road hazard?

Answer: Actual notice means the driver knew of the hazard; constructive notice means they should have known — both can establish liability

Both actual notice (direct knowledge) and constructive notice (should have known) can establish that a driver had sufficient awareness of a hazard to be held liable for not avoiding it.

Why is it critical for a taxi driver to report every accident to their insurer, even minor ones with no apparent injury?

Answer: Delayed reporting can void coverage and injuries not immediately apparent may surface later

Insurance policies typically require prompt reporting of all incidents; failure to report can void coverage, and soft-tissue injuries often appear days after an accident.

A driver who is fatigued causes an accident after working a double shift. Which legal theory MOST strengthens the plaintiff's case?

Answer: Negligence per se if fatigue-related regulations or hours-of-service rules were violated

Violating hours-of-service regulations establishes negligence per se, meaning the breach of a safety statute is itself proof of negligence without further argument.

Which risk management practice BEST protects a driver against fraudulent passenger injury claims?

Answer: Maintaining active dash cam footage, documenting trip details, and reporting any incident immediately

Continuous dash cam recording, thorough trip documentation, and immediate incident reporting create an evidence trail that exposes fraudulent claims.