Truck Accident Lawyer Liability & Negligence in Truck Accidents 2

Question 1

When a trucking company leases a truck to another carrier and an accident occurs, who may be held liable under FMCSA leasing regulations?

Accepted Answer

The leasing company, the lessee, or both

Answer

Only the truck driver

Answer

Only the driver's personal insurer

Answer

Only the state where the lease was signed

Question 2

Which doctrine allows a plaintiff to infer a truck driver's negligence from the circumstances of the accident itself, without identifying the specific negligent act?

Accepted Answer

Res ipsa loquitur

Answer

Negligence per se

Answer

Comparative fault

Answer

Strict liability

Question 3

When a truck driver violates FMCSA hours-of-service regulations and causes an accident, what negligence doctrine may automatically establish breach of duty?

Accepted Answer

Negligence per se

Answer

Contributory negligence

Answer

Assumption of risk

Answer

Strict liability

Question 4

A third-party cargo loading company improperly secures freight on a truck, causing the load to shift and the truck to roll over. Who can be held liable for resulting injuries?

Accepted Answer

The cargo loading company

Answer

Only the truck driver

Answer

Only the trucking company

Answer

The state DOT exclusively

Question 5

What is the primary difference between 'contributory negligence' and 'comparative negligence' as applied in US truck accident cases?

Accepted Answer

Contributory negligence bars all recovery if the plaintiff is any percent at fault

Answer

Contributory negligence applies only to commercial vehicles

Answer

Comparative negligence requires a criminal conviction

Answer

Comparative negligence applies only in federal court

Question 6

Which federal agency's regulations are most frequently used to establish the standard of care for truck drivers in negligence litigation?

Accepted Answer

Federal Motor Carrier Safety Administration (FMCSA)

Answer

Department of Labor (DOL)

Answer

National Transportation Safety Board (NTSB)

Answer

Occupational Safety and Health Administration (OSHA)

Question 7

A maintenance shop fails to repair documented brake defects on a commercial truck, and the truck later causes a serious accident. Under what theory is the maintenance company liable?

Accepted Answer

Negligent maintenance

Answer

Vicarious liability

Answer

Strict products liability

Answer

Respondeat superior