Defenses in Car Accident Cases Practice Exam Quiz
Which of the following is a common defense in car accident cases?
A) Strict liability
B) Contributory negligence
C) Comparative negligence
D) All of the above
Answer: D) All of the above
What is contributory negligence?
A) The plaintiff is partially responsible for the accident
B) The plaintiff was fully responsible for the accident
C) The defendant is partially responsible for the accident
D) The defendant was fully responsible for the accident
Answer: A) The plaintiff is partially responsible for the accident
In which legal principle does the plaintiff’s compensation get reduced based on their percentage of fault?
A) Assumption of risk
B) Contributory negligence
C) Comparative negligence
D) Res ipsa loquitur
Answer: C) Comparative negligence
Which defense argues that the plaintiff knowingly engaged in a risky behavior that led to the accident?
A) Contributory negligence
B) Assumption of risk
C) Sudden emergency
D) Self-defense
Answer: B) Assumption of risk
Which of the following defenses can bar a plaintiff from recovering damages in a contributory negligence jurisdiction?
A) If the plaintiff was partially at fault
B) If the plaintiff was fully at fault
C) If the defendant was solely at fault
D) None of the above
Answer: B) If the plaintiff was fully at fault
Which defense applies when an individual is faced with a sudden and unexpected situation and reacts accordingly?
A) Comparative negligence
B) Assumption of risk
C) Sudden emergency
D) Last clear chance
Answer: C) Sudden emergency
Which defense is based on the idea that the accident occurred due to a condition or situation that was out of the defendant’s control?
A) Comparative negligence
B) Assumption of risk
C) Act of God
D) Sudden emergency
Answer: C) Act of God
Which of the following is a requirement for the defense of assumption of risk?
A) The plaintiff must have been unaware of the risks
B) The defendant must prove that the plaintiff was completely at fault
C) The plaintiff must have voluntarily accepted the risk
D) The plaintiff must not have any other viable legal defenses
Answer: C) The plaintiff must have voluntarily accepted the risk
Under comparative negligence, a plaintiff’s damages are:
A) Reduced according to their percentage of fault
B) Eliminated completely if they are at fault
C) Increased if the defendant is at fault
D) Unaffected by fault
Answer: A) Reduced according to their percentage of fault
Which of the following defenses is often used when a defendant argues they were acting in a way that was necessary to avoid a greater harm?
A) Necessity
B) Assumption of risk
C) Self-defense
D) Sudden emergency
Answer: A) Necessity
Which of the following would NOT be considered an act of negligence by the plaintiff?
A) Failing to yield the right of way
B) Driving without a seatbelt
C) Failing to wear a helmet when riding a motorcycle
D) Not using turn signals
Answer: D) Not using turn signals
What is the principle of “last clear chance” in car accident cases?
A) The defendant had the final opportunity to avoid the accident
B) The plaintiff has no chance to avoid the accident
C) The accident was unavoidable
D) The defendant’s negligence is the main cause of the accident
Answer: A) The defendant had the final opportunity to avoid the accident
What does the defense of “No Fault” mean?
A) Both parties are at fault
B) The plaintiff’s fault doesn’t matter for recovery
C) The defendant is not liable under any circumstances
D) The plaintiff must prove the defendant’s fault
Answer: B) The plaintiff’s fault doesn’t matter for recovery
Which defense could be raised if the plaintiff was speeding at the time of the accident?
A) Assumption of risk
B) Contributory negligence
C) Sudden emergency
D) Comparative negligence
Answer: B) Contributory negligence
In a comparative negligence jurisdiction, if the plaintiff is found 40% at fault and the damages are $100,000, what amount will the plaintiff receive?
A) $40,000
B) $60,000
C) $100,000
D) $0
Answer: B) $60,000
Which of the following best describes the defense of “self-defense” in a car accident case?
A) The defendant acted out of fear for their safety
B) The defendant is responsible for the accident
C) The plaintiff voluntarily assumed risk
D) The accident was unavoidable
Answer: A) The defendant acted out of fear for their safety
Which of the following would most likely fall under the “Act of God” defense?
A) A snowstorm causing a vehicle to crash
B) A distracted driver rear-ending another vehicle
C) A driver failing to stop at a red light
D) A collision at an intersection due to poor visibility
Answer: A) A snowstorm causing a vehicle to crash
Which defense claims that the accident was caused by a hazard that neither party could have avoided?
A) Sudden emergency
B) Contributory negligence
C) Last clear chance
D) Comparative negligence
Answer: A) Sudden emergency
Which of the following defenses would likely apply if a driver crashed into another vehicle while distracted by their phone?
A) Assumption of risk
B) Comparative negligence
C) Last clear chance
D) Contributory negligence
Answer: B) Comparative negligence
If a plaintiff is found to have been speeding, but the defendant was still primarily at fault for the accident, which defense is most applicable?
A) Assumption of risk
B) Comparative negligence
C) Contributory negligence
D) Last clear chance
Answer: B) Comparative negligence
Which defense applies when the plaintiff’s injury or damages were caused by their own failure to exercise reasonable caution?
A) Assumption of risk
B) Comparative negligence
C) Contributory negligence
D) None of the above
Answer: C) Contributory negligence
Which defense argues that the plaintiff had a duty to avoid the injury by taking reasonable precautions?
A) Contributory negligence
B) Assumption of risk
C) Last clear chance
D) All of the above
Answer: B) Assumption of risk
If a driver ignores a stop sign and causes an accident, which defense could the other party use?
A) Contributory negligence
B) Sudden emergency
C) Assumption of risk
D) Comparative negligence
Answer: A) Contributory negligence
Which defense could be used if the defendant was acting in a way that was a reasonable response to an imminent danger?
A) Sudden emergency
B) Necessity
C) Assumption of risk
D) Self-defense
Answer: A) Sudden emergency
Under which principle would a plaintiff be unable to recover damages if they were found to be equally or more responsible for the accident than the defendant?
A) Comparative negligence
B) Contributory negligence
C) Assumption of risk
D) Sudden emergency
Answer: B) Contributory negligence
Which of the following is the most likely result of a defendant successfully proving the defense of assumption of risk?
A) The plaintiff is entitled to full damages
B) The plaintiff receives reduced damages
C) The plaintiff is barred from recovering damages
D) The plaintiff is awarded damages despite the risk
Answer: C) The plaintiff is barred from recovering damages
Which defense is used when a defendant claims that a force beyond their control, such as a weather event, caused the accident?
A) Act of God
B) Sudden emergency
C) Necessity
D) Comparative negligence
Answer: A) Act of God
If a plaintiff knowingly drives through a dangerous intersection despite being aware of the risk, which defense might the defendant use?
A) Assumption of risk
B) Sudden emergency
C) Comparative negligence
D) Last clear chance
Answer: A) Assumption of risk
In a jurisdiction that follows comparative negligence, what happens if the plaintiff is found 51% at fault for the accident?
A) The plaintiff receives no damages
B) The plaintiff’s damages are reduced by 51%
C) The defendant is liable for all damages
D) The case is dismissed
Answer: A) The plaintiff receives no damages
Which of the following defenses could apply if a driver suddenly swerved to avoid hitting an animal in the road?
A) Sudden emergency
B) Assumption of risk
C) Contributory negligence
D) Last clear chance
Answer: A) Sudden emergency
Which of the following defenses argues that the defendant was not negligent because the accident was caused by an unforeseeable event?
A) Assumption of risk
B) Act of God
C) Contributory negligence
D) Sudden emergency
Answer: B) Act of God
Which defense could be used if a plaintiff fails to take reasonable precautions or fails to mitigate their damages after the accident?
A) Contributory negligence
B) Comparative negligence
C) Failure to mitigate damages
D) Assumption of risk
Answer: C) Failure to mitigate damages
If the plaintiff was engaged in illegal activity at the time of the accident, which of the following defenses could the defendant use?
A) Contributory negligence
B) Assumption of risk
C) Illegality of the plaintiff’s actions
D) Sudden emergency
Answer: C) Illegality of the plaintiff’s actions
In which of the following situations would a defendant likely raise the defense of “no fault” insurance?
A) In a state with comparative negligence laws
B) In a no-fault insurance jurisdiction
C) When the plaintiff was the last to act negligently
D) When the defendant has a history of traffic violations
Answer: B) In a no-fault insurance jurisdiction
Which of the following defenses could a defendant raise if they can prove that the plaintiff was intoxicated at the time of the accident?
A) Assumption of risk
B) Contributory negligence
C) Sudden emergency
D) Illegal conduct
Answer: B) Contributory negligence
Which of the following best describes the defense of “impossibility”?
A) The defendant could not have avoided the accident due to external factors
B) The plaintiff was unable to avoid the accident
C) The defendant did not have the opportunity to prevent the accident
D) The defendant did not foresee the potential consequences of their actions
Answer: A) The defendant could not have avoided the accident due to external factors
Which defense applies when the defendant claims that the injury was caused by a third party, not by the defendant’s own actions?
A) Contributory negligence
B) Intervening cause
C) Comparative negligence
D) Assumption of risk
Answer: B) Intervening cause
Which defense could be used if the defendant claims that the plaintiff’s damages are excessive or unreasonable?
A) Contributory negligence
B) Failure to mitigate damages
C) Unforeseeable harm
D) Excessive damages
Answer: B) Failure to mitigate damages
If a defendant was driving cautiously but another driver unexpectedly swerved into their lane, which defense might the defendant claim?
A) Sudden emergency
B) Assumption of risk
C) Contributory negligence
D) Last clear chance
Answer: A) Sudden emergency
If a plaintiff voluntarily assumed the risk of an accident by participating in a dangerous activity like skydiving, what defense could the defendant use?
A) Comparative negligence
B) Contributory negligence
C) Assumption of risk
D) Res ipsa loquitur
Answer: C) Assumption of risk
Which defense could be used if a defendant claims they were unaware of a potential hazard, such as a road obstruction?
A) Assumption of risk
B) Sudden emergency
C) Lack of knowledge or awareness
D) Contributory negligence
Answer: C) Lack of knowledge or awareness
In a state with comparative negligence laws, how is a plaintiff’s percentage of fault determined?
A) By the court alone, based on evidence
B) By the defendant’s insurance company
C) Based solely on the plaintiff’s actions
D) By the plaintiff and defendant’s mutual agreement
Answer: A) By the court alone, based on evidence
If a defendant argues that the accident was caused by the actions of the plaintiff’s own passenger, which defense might they use?
A) Contributory negligence
B) Assumption of risk
C) Intervening cause
D) Sudden emergency
Answer: C) Intervening cause
Which defense is most relevant when the defendant claims that the accident was caused by a situation that they could not have reasonably avoided, such as a rock falling onto the road?
A) Act of God
B) Assumption of risk
C) Sudden emergency
D) Contributory negligence
Answer: A) Act of God
What does the defense of “plaintiff’s own fault” mean in a car accident case?
A) The plaintiff did not act reasonably and caused the accident
B) The defendant’s actions were reckless
C) The accident was the fault of a third party
D) The plaintiff’s injuries were caused by pre-existing conditions
Answer: A) The plaintiff did not act reasonably and caused the accident
Which of the following best describes the defense of “legal excuse”?
A) The defendant had no legal right to act but did so out of necessity
B) The defendant’s actions were justified by law
C) The defendant’s actions were excused due to their state of mind
D) The plaintiff’s actions were inexcusable
Answer: B) The defendant’s actions were justified by law
In a case where a plaintiff was driving without a license and caused an accident, which defense might the defendant claim?
A) Contributory negligence
B) Assumption of risk
C) Illegality
D) Sudden emergency
Answer: C) Illegality
Which of the following could be used as a defense if the defendant claims that the plaintiff’s injuries were not caused by the accident but by a pre-existing condition?
A) Contributory negligence
B) Failure to mitigate damages
C) Pre-existing condition
D) Sudden emergency
Answer: C) Pre-existing condition
Which defense is raised if the defendant claims that the plaintiff was partially responsible for causing the accident due to their actions, such as speeding?
A) Assumption of risk
B) Contributory negligence
C) Comparative negligence
D) Last clear chance
Answer: B) Contributory negligence
Which defense applies when the defendant argues that the plaintiff failed to take reasonable actions to prevent or minimize their injuries after the accident?
A) Assumption of risk
B) Contributory negligence
C) Failure to mitigate damages
D) Sudden emergency
Answer: C) Failure to mitigate damages
Which of the following is the primary purpose of the defense of “contributory negligence”?
A) To reduce the defendant’s liability based on their actions
B) To argue that the plaintiff’s actions were the sole cause of the accident
C) To prove that the defendant acted in self-defense
D) To argue that the plaintiff was partially responsible for the accident, reducing their compensation
Answer: D) To argue that the plaintiff was partially responsible for the accident, reducing their compensation
If the defendant is able to prove that the plaintiff engaged in a risky behavior that contributed to the accident, which defense might be raised?
A) Assumption of risk
B) Sudden emergency
C) Contributory negligence
D) Intervening cause
Answer: A) Assumption of risk
Which of the following best describes the defense of “comparative negligence”?
A) The plaintiff is entirely at fault for the accident
B) The defendant is entirely at fault for the accident
C) The plaintiff and defendant share fault, and damages are divided according to their respective percentage of fault
D) The plaintiff’s damages should be reduced by the amount of their own negligence
Answer: C) The plaintiff and defendant share fault, and damages are divided according to their respective percentage of fault
What does the defense of “voluntary assumption of risk” imply in a car accident case?
A) The plaintiff assumed the risk of an accident by engaging in a dangerous activity voluntarily
B) The plaintiff was unable to avoid the risk due to external circumstances
C) The defendant acted with reckless disregard for safety
D) The plaintiff’s damages were due to a third-party’s actions
Answer: A) The plaintiff assumed the risk of an accident by engaging in a dangerous activity voluntarily
In which scenario might the defense of “sudden emergency” be used?
A) When a defendant is confronted with a situation they did not anticipate and had to act quickly to avoid harm
B) When the plaintiff was speeding at the time of the accident
C) When the plaintiff was operating the vehicle without a valid license
D) When the defendant’s actions were reasonable under the circumstances
Answer: A) When a defendant is confronted with a situation they did not anticipate and had to act quickly to avoid harm
Which of the following is most likely to be raised in a defense when the defendant argues that the accident was caused by a third party’s actions?
A) Assumption of risk
B) Intervening cause
C) Comparative negligence
D) Sudden emergency
Answer: B) Intervening cause
Which of the following defenses could apply if the defendant claims the plaintiff failed to use available safety devices (e.g., seat belts)?
A) Assumption of risk
B) Contributory negligence
C) Comparative negligence
D) Failure to mitigate damages
Answer: D) Failure to mitigate damages
Which defense can be used if the defendant claims they were following another car and the other car’s unexpected actions caused the accident?
A) Sudden emergency
B) Assumption of risk
C) Contributory negligence
D) Last clear chance
Answer: A) Sudden emergency
In which situation could a defendant argue “no fault” insurance as a defense?
A) When both parties are equally at fault
B) In states that follow no-fault insurance laws, where each driver’s insurance covers their own damages
C) When the plaintiff has a history of traffic violations
D) When the plaintiff is found to be partially at fault
Answer: B) In states that follow no-fault insurance laws, where each driver’s insurance covers their own damages
Which defense can be used if the defendant claims that the plaintiff’s injuries are unrelated to the accident and are instead a result of a pre-existing condition?
A) Sudden emergency
B) Intervening cause
C) Pre-existing condition
D) Comparative negligence
Answer: C) Pre-existing condition
Which defense could a defendant raise if they claim that the plaintiff was negligent by not following traffic laws (e.g., speeding or ignoring traffic signals) and contributed to the accident?
A) Contributory negligence
B) Assumption of risk
C) Sudden emergency
D) Comparative negligence
Answer: A) Contributory negligence
What defense could be raised if the defendant claims that the plaintiff was aware of the dangers and chose to proceed despite them?
A) Assumption of risk
B) Comparative negligence
C) Contributory negligence
D) Sudden emergency
Answer: A) Assumption of risk
What defense is most likely to be raised if a defendant claims they acted reasonably under an urgent and unforeseen situation, such as avoiding an obstacle on the road?
A) Assumption of risk
B) Sudden emergency
C) Comparative negligence
D) Last clear chance
Answer: B) Sudden emergency
In a car accident case, which defense might be raised if the defendant asserts that the plaintiff’s actions in crossing a street outside of a crosswalk contributed to the accident?
A) Contributory negligence
B) Assumption of risk
C) Sudden emergency
D) Comparative negligence
Answer: A) Contributory negligence
Which of the following defenses would likely apply if the defendant argues that they were unable to stop their car in time due to a mechanical failure that occurred suddenly and without warning?
A) Sudden emergency
B) Act of God
C) Comparative negligence
D) Intervening cause
Answer: A) Sudden emergency
Which of the following is a common feature of the defense of “assumption of risk”?
A) The plaintiff acted negligently
B) The plaintiff had knowledge of the risk involved in the activity and chose to proceed
C) The defendant failed to act in a reasonable manner
D) The defendant’s actions were unavoidable
Answer: B) The plaintiff had knowledge of the risk involved in the activity and chose to proceed
Which of the following best describes the “last clear chance” doctrine?
A) It allows a defendant to avoid liability if the plaintiff had the opportunity to avoid the accident
B) It allows the defendant to avoid liability if the plaintiff acted negligently
C) It allows a defendant to escape liability based on the plaintiff’s voluntary assumption of risk
D) It requires the plaintiff to prove they had no opportunity to avoid the accident
Answer: A) It allows a defendant to avoid liability if the plaintiff had the opportunity to avoid the accident
If a defendant claims that their car’s brakes failed, causing an accident, what defense might be used?
A) Sudden emergency
B) Mechanical failure
C) Comparative negligence
D) Contributory negligence
Answer: B) Mechanical failure
In a state with comparative negligence laws, if a plaintiff is found to be 40% at fault for an accident, what happens to their damages?
A) They receive no compensation
B) Their damages are reduced by 40%
C) They are entitled to the full amount of damages
D) Their damages are doubled due to the defendant’s negligence
Answer: B) Their damages are reduced by 40%
Which defense applies when the defendant claims that the plaintiff’s actions after the accident (e.g., not seeking medical treatment) worsened their injuries?
A) Assumption of risk
B) Contributory negligence
C) Failure to mitigate damages
D) Pre-existing condition
Answer: C) Failure to mitigate damages
Which of the following is most likely to be used as a defense if a driver argues that the plaintiff was not wearing a seatbelt at the time of the accident?
A) Assumption of risk
B) Contributory negligence
C) Comparative negligence
D) Failure to mitigate damages
Answer: D) Failure to mitigate damages
Which defense might be raised if the defendant claims the plaintiff was intoxicated at the time of the accident, contributing to the incident?
A) Assumption of risk
B) Contributory negligence
C) Comparative negligence
D) Intervening cause
Answer: B) Contributory negligence
If a defendant claims the plaintiff failed to notice a hazard that was visible and should have been avoided, which defense might be invoked?
A) Sudden emergency
B) Assumption of risk
C) Contributory negligence
D) Comparative negligence
Answer: C) Contributory negligence
Which defense might be raised by a defendant who argues that the plaintiff was driving too fast for road conditions at the time of the accident?
A) Assumption of risk
B) Comparative negligence
C) Contributory negligence
D) Sudden emergency
Answer: C) Contributory negligence
In a car accident case, what defense might the defendant use if they argue that an unexpected weather event caused the accident?
A) Assumption of risk
B) Sudden emergency
C) Intervening cause
D) Comparative negligence
Answer: B) Sudden emergency
What defense might be used if a defendant claims that a pedestrian’s unexpected actions caused a car accident?
A) Sudden emergency
B) Contributory negligence
C) Comparative negligence
D) Intervening cause
Answer: D) Intervening cause
Which of the following defenses may be used if a defendant asserts that the plaintiff’s injury is unrelated to the car accident and instead due to a pre-existing health condition?
A) Contributory negligence
B) Sudden emergency
C) Pre-existing condition
D) Comparative negligence
Answer: C) Pre-existing condition
If a plaintiff’s injury is determined to be caused by the defendant’s vehicle but the plaintiff’s own reckless behavior (e.g., jaywalking) contributed significantly to the accident, which defense might be used?
A) Sudden emergency
B) Assumption of risk
C) Contributory negligence
D) Intervening cause
Answer: C) Contributory negligence
Which defense might apply in a case where a defendant argues that the plaintiff’s medical treatment following the accident was inadequate and worsened their injuries?
A) Failure to mitigate damages
B) Comparative negligence
C) Assumption of risk
D) Pre-existing condition
Answer: A) Failure to mitigate damages
Which of the following defenses could apply if the defendant claims that the plaintiff did not have the right of way, and this contributed to the accident?
A) Sudden emergency
B) Contributory negligence
C) Assumption of risk
D) Last clear chance
Answer: B) Contributory negligence
If a defendant claims that a third party, not involved in the accident, caused or contributed to the accident, which defense might be raised?
A) Sudden emergency
B) Comparative negligence
C) Intervening cause
D) Assumption of risk
Answer: C) Intervening cause
What defense might be raised if the defendant argues that the plaintiff’s own vehicle malfunctioned and caused the accident, not the defendant’s actions?
A) Mechanical failure
B) Contributory negligence
C) Sudden emergency
D) Intervening cause
Answer: A) Mechanical failure
Which defense applies if a defendant claims that the plaintiff’s injuries were caused by a product defect rather than the defendant’s driving?
A) Sudden emergency
B) Contributory negligence
C) Product liability
D) Intervening cause
Answer: C) Product liability
If the plaintiff is found to be speeding at the time of the accident, which defense could the defendant use to reduce their liability?
A) Assumption of risk
B) Sudden emergency
C) Contributory negligence
D) Comparative negligence
Answer: D) Comparative negligence
What defense might a defendant raise if they argue that the plaintiff was distracted by their phone and did not see the defendant’s vehicle approaching?
A) Assumption of risk
B) Sudden emergency
C) Contributory negligence
D) Intervening cause
Answer: C) Contributory negligence
In a car accident case, which defense could the defendant raise if they claim that the plaintiff was fully aware of the potential risks and voluntarily chose to drive despite them?
A) Contributory negligence
B) Assumption of risk
C) Comparative negligence
D) Failure to mitigate damages
Answer: B) Assumption of risk
If the defendant argues that the plaintiff could have avoided the accident if they had been more cautious or vigilant, which defense could be raised?
A) Sudden emergency
B) Contributory negligence
C) Assumption of risk
D) Last clear chance
Answer: B) Contributory negligence
Which defense would most likely be used if the defendant claims the plaintiff’s own actions made it impossible to avoid the accident, even though the defendant tried to stop?
A) Sudden emergency
B) Last clear chance
C) Contributory negligence
D) Intervening cause
Answer: B) Last clear chance
What defense is used if the defendant claims that an accident occurred due to a hazard that could not be avoided, such as a pothole in the road?
A) Assumption of risk
B) Comparative negligence
C) Sudden emergency
D) Intervening cause
Answer: C) Sudden emergency
If the defendant argues that they could not have prevented the accident because of road conditions, such as ice, what defense might be raised?
A) Sudden emergency
B) Comparative negligence
C) Mechanical failure
D) Intervening cause
Answer: A) Sudden emergency
Which defense might be used if the defendant claims that the plaintiff’s injuries were exaggerated or not as severe as they claimed?
A) Contributory negligence
B) Failure to mitigate damages
C) Fraudulent misrepresentation
D) Comparative negligence
Answer: B) Failure to mitigate damages
If the defendant argues that the plaintiff was operating a vehicle in a way that directly contributed to the accident, such as not yielding the right of way, which defense might be raised?
A) Sudden emergency
B) Contributory negligence
C) Assumption of risk
D) Intervening cause
Answer: B) Contributory negligence
If a defendant claims that a medical condition, such as a sudden seizure, caused them to lose control of their vehicle and caused the accident, what defense might apply?
A) Sudden emergency
B) Contributory negligence
C) Intervening cause
D) Pre-existing condition
Answer: A) Sudden emergency
Which of the following defenses may be used if the defendant argues that the plaintiff had been speeding and failed to maintain control of their vehicle, which directly led to the accident?
A) Assumption of risk
B) Contributory negligence
C) Sudden emergency
D) Comparative negligence
Answer: B) Contributory negligence
If the defendant claims that the accident was caused by an unexpected vehicle malfunction, such as a brake failure, which defense might be raised?
A) Sudden emergency
B) Assumption of risk
C) Mechanical failure
D) Contributory negligence
Answer: C) Mechanical failure
If the defendant argues that the plaintiff was partially responsible for the accident by failing to notice a warning sign, what defense could be used?
A) Comparative negligence
B) Assumption of risk
C) Sudden emergency
D) Intervening cause
Answer: A) Comparative negligence
Which defense might a defendant raise if they claim that the plaintiff’s own actions, such as driving without headlights at night, directly contributed to the accident?
A) Sudden emergency
B) Contributory negligence
C) Assumption of risk
D) Failure to mitigate damages
Answer: B) Contributory negligence
If the defendant claims that the plaintiff’s decision to drive after drinking alcohol was the primary cause of the accident, which defense could apply?
A) Assumption of risk
B) Contributory negligence
C) Sudden emergency
D) Intervening cause
Answer: B) Contributory negligence
Which defense might a defendant use if they argue that the plaintiff had prior knowledge of a potential risk, such as road construction, and still proceeded without caution?
A) Assumption of risk
B) Comparative negligence
C) Sudden emergency
D) Failure to mitigate damages
Answer: A) Assumption of risk
If the defendant argues that a third party’s actions, such as another driver’s illegal lane change, directly caused the accident, what defense could be used?
A) Intervening cause
B) Assumption of risk
C) Sudden emergency
D) Contributory negligence
Answer: A) Intervening cause
Which of the following defenses could be raised if the defendant argues that the accident was caused by an unforeseen event, such as an animal running into the street?
A) Sudden emergency
B) Comparative negligence
C) Contributory negligence
D) Intervening cause
Answer: A) Sudden emergency
If the defendant claims that the plaintiff’s failure to take proper medical care following the accident resulted in worsened injuries, which defense might apply?
A) Failure to mitigate damages
B) Comparative negligence
C) Sudden emergency
D) Assumption of risk
Answer: A) Failure to mitigate damages
Which defense might the defendant use if they argue that the plaintiff’s injury was caused by a malfunctioning road sign or signal that led to the accident?
A) Assumption of risk
B) Comparative negligence
C) Intervening cause
D) Mechanical failure
Answer: C) Intervening cause
If a defendant argues that the plaintiff was not paying attention to the road and caused the accident by swerving into the defendant’s lane, which defense could apply?
A) Contributory negligence
B) Sudden emergency
C) Comparative negligence
D) Assumption of risk
Answer: A) Contributory negligence
If the defendant claims that the plaintiff was illegally using their cell phone at the time of the accident, which defense might be used?
A) Sudden emergency
B) Contributory negligence
C) Comparative negligence
D) Assumption of risk
Answer: B) Contributory negligence
If the defendant claims that the plaintiff’s injuries were caused by a pre-existing medical condition unrelated to the car accident, which defense might be used?
A) Assumption of risk
B) Pre-existing condition
C) Intervening cause
D) Sudden emergency
Answer: B) Pre-existing condition
If the defendant argues that the plaintiff’s own actions in causing an accident were so reckless that they should be held fully responsible, what defense might apply?
A) Assumption of risk
B) Contributory negligence
C) Sudden emergency
D) Comparative negligence
Answer: A) Assumption of risk
Which defense might be raised if the defendant argues that the accident was caused by a traffic light malfunction, making it impossible for them to avoid the accident?
A) Intervening cause
B) Sudden emergency
C) Comparative negligence
D) Contributory negligence
Answer: A) Intervening cause
What defense might the defendant use if they argue that the plaintiff had previous knowledge of a dangerous condition, such as a sharp turn, but chose to ignore it?
A) Assumption of risk
B) Sudden emergency
C) Contributory negligence
D) Intervening cause
Answer: A) Assumption of risk
Which defense might apply if the defendant argues that the plaintiff was at fault due to distractions, such as eating or talking to passengers while driving?
A) Assumption of risk
B) Contributory negligence
C) Sudden emergency
D) Comparative negligence
Answer: B) Contributory negligence
Which defense might the defendant use if they claim that the plaintiff was driving under the influence of drugs or alcohol at the time of the accident?
A) Contributory negligence
B) Assumption of risk
C) Sudden emergency
D) Comparative negligence
Answer: A) Contributory negligence
If the defendant argues that the plaintiff was partially at fault due to failing to wear a seatbelt, which defense might be raised?
A) Assumption of risk
B) Comparative negligence
C) Contributory negligence
D) Sudden emergency
Answer: B) Comparative negligence
If the defendant claims that the accident occurred due to poor weather conditions, such as heavy fog, and could not have been avoided, what defense might apply?
A) Sudden emergency
B) Assumption of risk
C) Contributory negligence
D) Mechanical failure
Answer: A) Sudden emergency
Which defense could a defendant raise if they argue that the accident was caused by an unexpected road hazard, such as debris in the road?
A) Assumption of risk
B) Sudden emergency
C) Comparative negligence
D) Intervening cause
Answer: B) Sudden emergency
If the defendant argues that they did not have enough time to react due to the plaintiff’s sudden stop, which defense could apply?
A) Sudden emergency
B) Assumption of risk
C) Contributory negligence
D) Mechanical failure
Answer: A) Sudden emergency
If the defendant claims that the plaintiff failed to report the accident to the police or insurance company in a timely manner, which defense might apply?
A) Failure to mitigate damages
B) Assumption of risk
C) Contributory negligence
D) Sudden emergency
Answer: A) Failure to mitigate damages
Which defense might a defendant raise if they argue that the plaintiff was riding a bicycle at night without lights, making them partially at fault for the accident?
A) Assumption of risk
B) Contributory negligence
C) Comparative negligence
D) Sudden emergency
Answer: B) Contributory negligence
If the defendant argues that the plaintiff was aware of the potential for the accident and took no action to avoid it, which defense could be used?
A) Assumption of risk
B) Comparative negligence
C) Intervening cause
D) Contributory negligence
Answer: A) Assumption of risk
Which defense might apply if the defendant claims that they were speeding because they were trying to avoid an accident caused by another driver’s actions?
A) Sudden emergency
B) Contributory negligence
C) Comparative negligence
D) Intervening cause
Answer: A) Sudden emergency
If the defendant claims that the plaintiff had not maintained their vehicle in a safe condition, such as failing to repair broken brakes, which defense could apply?
A) Assumption of risk
B) Comparative negligence
C) Contributory negligence
D) Intervening cause
Answer: C) Contributory negligence
Which defense could a defendant raise if they argue that the accident occurred due to a mechanical failure that could not have been predicted or prevented?
A) Sudden emergency
B) Comparative negligence
C) Mechanical failure
D) Contributory negligence
Answer: C) Mechanical failure
If the defendant claims that the plaintiff was driving in an unsafe manner by failing to yield at a stop sign, which defense might apply?
A) Contributory negligence
B) Sudden emergency
C) Assumption of risk
D) Comparative negligence
Answer: A) Contributory negligence
Which defense might apply if the defendant argues that the accident was caused by road construction that was not properly marked, and they could not avoid the collision?
A) Intervening cause
B) Sudden emergency
C) Assumption of risk
D) Mechanical failure
Answer: A) Intervening cause
If the defendant claims that the accident was caused by the plaintiff’s failure to maintain a safe following distance, what defense could be raised?
A) Contributory negligence
B) Assumption of risk
C) Sudden emergency
D) Failure to mitigate damages
Answer: A) Contributory negligence
If the defendant argues that they did not have time to react due to the plaintiff’s unexpected lane change, what defense might apply?
A) Comparative negligence
B) Sudden emergency
C) Contributory negligence
D) Intervening cause
Answer: B) Sudden emergency
Which defense might the defendant use if they claim that the plaintiff was not using the proper signals or lights when changing lanes, contributing to the accident?
A) Assumption of risk
B) Contributory negligence
C) Failure to mitigate damages
D) Sudden emergency
Answer: B) Contributory negligence
If the defendant claims that the plaintiff failed to drive according to road conditions (e.g., speeding on icy roads), which defense might be raised?
A) Sudden emergency
B) Assumption of risk
C) Contributory negligence
D) Comparative negligence
Answer: C) Contributory negligence
If the defendant argues that they should not be held fully liable for the accident because the plaintiff was partially at fault, which defense would apply?
A) Assumption of risk
B) Comparative negligence
C) Sudden emergency
D) Intervening cause
Answer: B) Comparative negligence
Which defense might apply if the defendant argues that the plaintiff’s injuries were not caused by the accident but were the result of a pre-existing condition?
A) Contributory negligence
B) Assumption of risk
C) Pre-existing condition
D) Sudden emergency
Answer: C) Pre-existing condition
If the defendant argues that the plaintiff did not take necessary precautions to avoid the accident, such as wearing a helmet while riding a motorcycle, which defense might apply?
A) Failure to mitigate damages
B) Assumption of risk
C) Comparative negligence
D) Sudden emergency
Answer: A) Failure to mitigate damages
