What Is Fault?
Fault is when an entity intentionally or negligently fails to act reasonably, according to legal standards or one’s duty, resulting in harm to another person. This failure can arise from various factors such as ignorance, carelessness, negligence, or a lack of skill. If actions like not being aware, not taking proper precautions, disregarding others, or lacking necessary skills lead to injury to another person, they can all be considered as fault.
Legal scholar John C. Jeffries Jr. states, “Fault is the linchpin of tort liability.” Fault plays a crucial role in various aspects of law, including tort law (civil wrongs), contract disputes, and criminal law. Establishing fault is essential in legal proceedings to determine liability and to assess damages or penalties accordingly.
Fault forms the basis for legal liability and compensation. For example, in a car accident case, fault may be assigned based on factors like speeding, failure to yield, or distracted driving. For plaintiffs seeking damages, proving fault is essential to demonstrate that the defendant’s actions or negligence directly caused their injuries or losses. Conversely, defendants may argue mitigating circumstances or lack of fault to defend against legal claims.
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Car Accident Lawyer in Ohio
The trauma of experiencing an accident doesn’t end once you leave the scene. We know that the mental, emotional, physical, and financial impact of a car accident can follow you for a very long time. It can all feel isolating and overwhelming, whether it’s you or someone you love carrying the weight and experience of your accident. In 2020 alone, Ohio saw 1,154 fatal car accidents, and 1,230 total traffic fatalities; there are, of course, thousands more accidents every year that are non-fatal but still traumatizing.
We at Munley Law Personal Injury Attorneys know how hard the aftermath of an accident can be, and we are here to help you navigate a way through it. Don’t take this on alone: allow us to help so that you can focus on your recovery. Our highly experienced and compassionate lawyers are standing by and are ready to begin fighting for you at any time. […]
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What is the Average Settlement for a Car Accident Case?
Understanding Car Accident Settlements
The average settlement for a car accident case depends on a variety of factors. From the total amount of property damage done, to the extent of the driver’s injuries, no two types of car accidents are the same, so no two settlements will be either.
Further, depending on the insurance you and the other driver carry, and your state’s laws on liability, the total compensation you can or will receive will vary.
The personal injury attorneys of Munley Law Personal Injury Attorneys explain how the average settlement for a car accident case is determined.
How Is The Average Settlement For a Car Accident Case Determined?
There are multiple factors that come into play when determining a car accident settlement. Below we will discuss the most critical factors to your personal injury case. […]
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What If I Get Into a Car Accident and I Don’t Have Insurance?
Car accidents are unfortunately much more common than one might think. According to the Pennsylvania Department of Transportation, in 2020 there were 104,475 reportable traffic crashes in Pennsylvania. This means that roughly one in every 57 Pennsylvania residents was involved in a reportable accident.
If you or a loved one was involved in a crash, you may benefit from seeking out an experienced car accident lawyer. The car accident attorneys at Munley Law Personal Injury Attorneys can help. Contact us today for a free consultation to discuss the specifics of your case.
Minimum Car Accident Insurance Required in Pennsylvania
Pennsylvania law requires motorists to have both a drivers’ license and vehicle liability insurance before getting behind the wheel, according to Pennsylvania DOT Driver & Vehicle Services. Vehicle liability insurance covers medical expenses, lost wages, and any other damages that occur from vehicle-related injuries. […]
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Can You Sue Someone for a Minor Car Accident?
What to Do If You’re In a Minor Car Accident

Maybe it’s a small fender-bender in the grocery store parking lot. Or perhaps a driver misjudged the lane shift and tapped into your car. Sometimes these minor car accidents happen, resulting in minimal damage to your vehicle. While it may just be an inconvenience without injury, you may wonder, can you sue someone for a minor car accident?
The answer is yes — anytime you are involved in a car accident, you have a right to file a claim with your insurance or file a lawsuit against the other driver to recover compensation. The real question is, will your case be successful for a minor car accident?
Every accident can involve both non economic damages and economic damages. So, in some cases, a personal injury claim is appropriate to recover pain and suffering damages. […]
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Do You Always Get A Settlement From A Car Accident?
Understanding Car Accident Settlement Claims
While insurance claims following a car accident do not always end with a settlement, you do always have a right to file a claim and try to seek compensation for your injuries. There are various factors that will determine the success of your car accident settlement claim, most importantly, the severity of your injuries. Car accident victims will have a lot of questions after a car crash about how to deal with insurance companies and what kind of settlement offer or help with medical expenses and more that they can expect.
Steps in Seeking a Settlement
Before car accident settlements are even discussed, you’ll have to file an insurance claim with both your own insurance company and the other drivers. In many cases, the insurance company should cover your needs, but it is not always the case, […]
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Your Guide to Filing a Lawsuit
Munley Law Personal Injury Attorneys Personal Injury Lawyers’ Guide to Filing a Lawsuit
If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys.
Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.
What does it mean to file a lawsuit?
A lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). […]
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Determining Fault in an Auto Accident
After a car accident, hold the driver at fault accountable
The nation’s #1 personal injury lawyers explain how to determine who caused an auto collision
A crash can unquestionably change everything. Most people think that it won’t happen to them. However, 6 million drivers and passengers collide every year. The Centers for Disease Control and Prevention (CDC) reports that 3 million of those accident victims suffer serious injuries. Each year, 38,000 die in fatal car, SUV, and truck crashes. In addition to these tragic injuries and deaths, auto collisions are tremendously costly. In fact, the CDC reports that “medical care costs and productivity losses associated with injuries and deaths from motor vehicle crashes exceed $75 billion.” In most causes, determining fault in an auto accident is also the first step towards figuring out who must pay a crash victim’s expenses. However, this can be complicated. […]
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Heart Attack Misdiagnosis & Malpractice Lawyers
Was your loved one’s heart attack misdiagnosed?
It’s incredibly important you receive proper medical care urgently if you are experiencing signs of a heart attack. In some cases, symptoms can be mistaken by doctors for something less serious, which can lead to a heart attack misdiagnosis, resulting in pain and suffering, if not worse. Medical misdiagnoses like this can occur for many reasons, including when a hospital is understaffed, undertrained, or simply not following protocol to understand the scope of the patient’s symptoms.
If you or someone you love has experienced a heart attack misdiagnosis, you may be owed compensation for physical injuries, medical bills, and other losses. Munley Law Personal Injury Attorneys has decades of experience with medical malpractice cases, and we will fight to get you the justice you deserve.
Common heart attack symptoms
We’re often told to never underestimate any symptoms that could be related to a heart attack, […]
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Who is to blame? Potential defendants in a truck case
In a truck accident case, who can be held responsible?
If you were hurt in an accident that involved a semi-truck, tractor-trailer, dump truck, big rig, garbage truck, or another large commercial vehicle, you may be wondering whether you can file a lawsuit and who you should sue.
To determine exactly which parties are appropriate to name as defendants in your case, you should consult with an experienced truck accident lawyer about the specific details of your accident and injuries. A lawyer will examine the facts of your case and identify all possible sources of recovery – including some you might not be aware of.
The following are common defendants for claims involving catastrophic truck accidents:
- Truck Drivers – If a truck driver was at fault for the accident that caused your injuries, […]
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Truck Accidents and Expert Witnesses
Expert Witnesses in Truck Accident Cases: FAQ
When you have a personal injury case involving a commercial truck, the stakes are high. Truck accident cases depend on highly specialized information including industry regulations, truck mechanics, and the long-term medical and economic impacts of your crash. To build a winning case, you will need the testimony of reliable witnesses, so it is essential that you have a lawyer who can bring in the right witnesses.
Who May Testify in Court As a Witness?
Not everyone has the right to come to court and testify in a truck accident case. In order to take the stand and answer questions before a jury during a live court proceeding, a person must qualify to give testimony as a fact witness or an expert witness.
As their name suggests, fact witnesses may testify about events that they observed firsthand. […]
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Bloomsburg Car Accident Lawyer
Have you been injured in a car accident in Bloomsburg? Contact a car accident lawyer at Munley Law Personal Injury Attorneys today for a FREE consultation.
When you or your loved one have been injured in a car accident in the Bloomsburg area, your choice of legal representation matters. The car accident attorneys at Munley Law Personal Injury Attorneys have a long history of winning cases. Our lawyers have earned national recognition for their success, and have been named among the Best Lawyers in America (via Best Lawyers), Pennsylvania Super Lawyers, and the nation’s Best Law Firms (U.S. News and World Report).
For more than 60 years, the car accident attorneys at Munley Law Personal Injury Attorneys have been handling auto accident claims for injured victims and their families in Columbia County and beyond. […]
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Multiple couples sue CHA Fertility Center over embryo mix-up
This week, two couple filed separate lawsuits against the same fertility clinic in California after a devastating mix-up. One mother gave birth to children who turned out not to be her own, and another would find out that her son had been born to someone else.

Here’s what happened…
A New York couple had been trying for more than six years to have children of their own. They underwent multiple cycles of in vitro fertilization (IVF), a costly process by which embryos are created using the mother’s egg and father’s sperm, stored and preserved, and then are implanted in the womb, with the hope of a successful pregnancy. After multiple failed cycles, the couple was informed that they finally succeeded, and were expecting twin girls (the embryos they created had been female). The first signs of trouble came when ultrasounds showed two male babies, […]
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What is “PIP” coverage on my auto insurance policy?

One of the questions we hear most frequently as personal injury lawyers is “Who is responsible for my medical bills if I’m hurt in a car accident?” In Pennsylvania, you would first go through your Personal Injury Protection or “PIP” coverage. Once you’ve exhausted your PIP, you would then turn to your own health insurance for the remaining medical costs.
What is PIP coverage?
Personal injury protection or “PIP” pays for your own medical costs when you’ve been hurt in an accident. This is true no matter who is at fault for the crash. This is why PIP is sometimes referred to as “no fault” insurance. Your PIP also covers you when you’re a passenger hurt in someone else’s vehicle, or if you’re hit as a pedestrian or on a bicycle.
Do I have PIP coverage on my policy? […]
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National Truck Driver Appreciation Week
Thank a Trucker: National Truck Driver Appreciation Week
September 9 through September 15, 2018, is National Truck Driver Appreciation Week (NTDAW). This week, we show our respect and gratitude for the 3.5 million men and women who keep our economy moving.
Truck drivers do a demanding, important, and often thankless job. We depend on truck drivers every single day to transport goods across the country. Most of us take for granted those who bear the enormous responsibility of safely moving 70,000 lb vehicles safely across the nation’s highways. They even train to combat human trafficking in the United States as the “eyes and ears of our nation’s highways”. They often sacrifice time with their own families to make their deliveries on time to ensure that we have the goods we need. Some truck drivers sacrifice far more: A recent government report on workplace fatalities showed that truck drivers had the highest number of workplace fatalities. […]
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OSHA Helps Trucker Fired for Refusing to Break Safety Rules
It’s a tough call that truck drivers are often forced to make.
A trucker was assigned to transport a load of Poland Spring water from Massachusetts to New Jersey. A severe thunderstorm causing flooded roads and heavy traffic slowed him down considerably, and he realized he would not be able to complete the delivery and return home without violating the federal hours of service regulations intended to prevent overworked truckers from becoming a danger on the highways. So, he delivered the shipment to a closer facility; the trucking company and the customer approved the arrangement, and another driver carried the shipment to its final destination.
He was fired the next day for insubordination.
The driver filed a complaint with the Occupational Safety and Health Administration, who stepped in to help. According to one of their administrators:
“The law is clear: Drivers have the right to raise legitimate safety concerns to their employer – including refusing to violate safety regulations – without fear of termination or other retaliation. […]
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Volkswagen Recall Reveals Scam, Hurts Germany’s Reputation
Last week, we heard yet another story of a major automaker intentionally deceiving the public and the government.
Volkswagen has been ordered by the Environmental Protection Agency to recall nearly half a million diesel powered vehicles in the U.S. due to a software designed to cheat emissions tests. The software in the vehicles detects when an emissions test is being performed, and will reduce smog emissions during the test, making the car appear to be more environmentally friendly than it actually is. During normal driving time, the vehicles can emit up to 40 times the amount of nitrous oxide allowed by the Clean Air Act.
For a year, VW claimed that this discrepancy was the result of technical errors, but last week they admitted that the software was designed to intentionally cheat the tests.
Affected models include: diesel versions of the Jetta, […]
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Looking at the brains of bad drivers
A recent study found that the part of the brain associated with empathy and compassion is less active in bad drivers.
Is a blatant disregard for safety the result of a cognitive malfunction? According to the Association for Psychological Science, the Czech Republic conducted a study in order to better understand why some people follow the rules of the road and others don’t.
Researchers showed participants a series of video clips showing the consequences of dangerous driving behaviors like speeding and drunk driving while monitoring their brain activity using fMRI. About half the participants had no record of traffic violations, and the other half had at least one traffic safety violation, such as speeding or driving while intoxicated, on their records. It turns out that those viewers with a clean driving record and those with a history of at least one traffic violation reacted very differently to the videos. […]
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What you MUST know before buying car insurance
One of the most important factors in determining whether you are able to take legal action after a car accident is the tort option on your auto insurance policy. Unfortunately, many people don’t know what tort option they have.
Listen as Attorney Marion Munley explains the difference between full and limited tort, and why it makes a big difference.
Full Tort vs. Limited Tort
When buying car insurance in Pennsylvania, you have the option to choose full tort or limited tort. Full tort allows you to pursue legal action in the event of an accident, regardless of the severity of your injuries. Limited tort, on the other hand, limits your right to compensation in an auto accident. And, this limitation does not just apply to you – it may also apply to the other members of your household. […]
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Auto Accidents Caused by Defective Roads
Sometimes it is the road that is at fault in an auto accident. Defective road conditions can cause a driver to lose control of his/her car, leading to an auto accident that can result in serious personal injury or death. But when the road is at fault, who is responsible for your injuries?
Roads in Pennsylvania are the responsibility of either the state or local municipalities. Although Pennsylvania’s Sovereign Immunity Act generally bars suits against the Commonwealth and other government entities, dangerous conditions on highways created by potholes, sinkholes or similar conditions are exempt from sovereign immunity.
The Pennsylvania defective road condition car accident attorneys of Munley Law believe that when hazardous road conditions lead to accidents, injury, or death, the responsible government agency and/or a private contractor that worked on the road should be held accountable. The victims of accidents caused by unsafe roads deserve full and fair compensation for their injuries and losses. […]
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Scranton personal injury lawyer talks about more GM recall
GM recalled another 2.7 million vehicles in the United States for safety problems that have resulted in hundreds of complaints and some injuries. This follows millions of vehicles being recalled earlier this year for faulty ignition switches.
GM’s latest recall was for tail light malfunctions in cars including the Chevrolet Malibu, Pontiac G6, and Saturn Aura. According to the New York Times, the action for the Chevy Malibu marks the ninth time in about 16 months that the automaker has recalled vehicles that previously only had dealer bulletins sent.
So far this year, GM has recalled about 11.1 million vehicles in the US alone. The largest of the new recalls covers 2.4 million cars that have faulty wiring that could case brake lights to malfunction and not illuminate or could illuminate the lights without the pedal being touched.
GM says corrosion causes the brake-light fault, […]
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