Fault Archives - Munley Law® Personal Injury Attorneys

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.

More information about Fault

Snow and Frigid Temperatures Cause Dangerous Road Conditions in Pennsylvania

RTA_9958 Snowy road conditions have already caused hundreds of accidents in Pennsylvania this winter, shutting down highways and resulting in deaths and many injuries. During a sudden heavy storm over the recent holidays, a chain reaction crash involving 35 vehicles closed down a section of the Pennsylvania Turnpike. Several tractor-trailers were mixed in the wreckage, which caused a 4-mile traffic jam. Ten people were taken to area hospitals.

According to a Pennsylvania personal injury lawyer, those same wintry conditions existed when more than 40 vehicles piled up in multiple crashes on I-78, closing the interstate for a time, and resulting in more than 60 injuries. State Police also reported that sudden snow squalls causing numerous accidents resulted in the Northeast Extension of the turnpike being closed on Christmas Eve from Clarks Summit to Allentown. Numerous accidents have also been reported on smaller roadways throughout Pennsylvania.

Advice from Pennsylvania personal injury attorney Julia Munley on what to do if you are in an accident. […]

A Pennsylvania Injury Lawyer tells you what you should do right after a car accident

Pennsylvania Injury Lawyer: After you get into an accident, there are things that you can choose to DO and NOT DO right afterward that may affect your injury claim against the other driver’s insurance company.

A Pennsylvania Injury Lawyer will advise doing the following right after the accident takes place:

Stay inside your vehicle unless it’s too dangerous to do so
Turn on your hazard lights
Call 911 even if the accident didn’t seem too bad
Seek medical help for anyone involved in the accident if needed
Don’t move any vehicles or alter the scene unless you have to
Don’t leave the scene
Write down the names, addresses and phone numbers of everybody involved in the accident, including witnesses
Write down the names/badge numbers of police officers who come to investigate
Take pictures of injures and damage
DON’T admit fault
Call your insurance company right away and let them know what happened
DON’T talk about the accident with anyone except the police and your own insurance company. […]

Teen Killed In Bucks County Car Crash

A teenager was killed and another critically injured in a single-car collision in Bucks County on December 9.

Three other teens riding in the back seat climbed from the wreckage dazed and bleeding. All three were taken to the hospital.

The teen who died was in the front passenger seat. He was not wearing a seatbelt.

By law, individuals who are injured in a Pennsylvania motor vehicle crash, or the families of people killed through no fault of their own, have a right to compensation for their losses.

Here is a news report on the tragic Bucks County accident:

Cameron Smithwick, 19, was killed and LJ Tanner, 18, was left in critical condition. Three other teens in the car also had to go to the hospital.

Cameron’s family says the silver Monte Carlo hit a bump and flipped several times before crashing into a utility pole. […]

7 Tips for Safe Winter Driving in PA

Winter driving safety relies on Department of Transportation as well as drivers

In the coming months, state highway workers will be dumping nearly a half-million tons of salt to keep icy Pennsylvania roads safe.

And drivers are being urged to do their part as well.

This is the season of dangerous travel. In 2011, there were 1,994 vehicle crashes and 19 fatalities during the Christmas and New Year travel periods in Pennsylvania.

The state Department of Transportation – with 5,400 operators and 2,250 trucks on standby – has issued a winter travel safety alert:

“PennDOT’s primary goal during winter weather is keeping our nearly 40,000 miles of roadway passable, which means they won’t necessarily be free of ice and snow during storms,” [PennDOT Secretary Barry] Schoch said. “Getting through winter safely is a shared responsibility between us and our customers.”

Following are some safe winter motoring tips:

Know the danger areas. […]

Text message sender is sued in distracted driving accident

Victims in distracted driving accident claim sender of text message enabled driver to be distracted

The victims of a distracted driving accident are making history in the lawsuit they have filed for damages. A man and his wife who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting are suing the sender of the text message as well as the driver.

The driver of the car that struck the New Jersey couple in Sept. 2009 pled guilty to using a hand-held cellphone while driving, careless driving, and failure to maintain a lane. The man was sentenced to $775 in fines and was ordered to speak about the dangers of texting and driving at local high schools, according to the article in the New York Daily News.

The couple is seeking damage for medical costs related to their injuries. […]

San Diego Man Awarded $2.4 Million in Asbestos Exposure Lawsuit

A San Diego Navy Veteran who was diagnosed in 2010 with mesothelioma, an asbestos-caused cancer, was awarded $2.4 million in damages after his disease was found to be attributed to his work in ship boiler rooms.

The lawsuit, filed against John Crane, Inc., claimed the plaintiff was exposed to asbestos while serving in the Navy from 1961 to 1971 in his work in the maintenance and repair of boilers, pumps and valves. The suit claimed John Crane made some of the asbestos-containing packing material and gaskets in the equipment.

The total damages of about $2.4 million include nearly $1.4 million in noneconomic damages and $450,000 for loss of consortium. The jury found John Crane five percent liable, the Navy and insulation companies 57 percent at fault, some manufacturers and suppliers 37 percent at fault. The plaintiff himself was found to be one percent at fault. […]

$1.25 Million Awarded After Surgeon Was Found Negligent

Surgeon found negligent in botched procedure

A 67-year-old Ithaca, New York woman was awarded $1.25 million after her surgeon was found negligent when a 2007 gallbladder operation left her gravely ill and fighting for her life. The surgeon at Cayuga Medical Center had been practicing for over 15 years when found at fault.

The woman entered the hospital complaining of an upset stomach when she was told her gallbladder needed to be removed. The woman’s bowel was unintentionally cut during surgery, yet the surgeon did not inspect the bowel for injury prior to completing the surgical procedure.

Almost immediately the woman became severely ill, exhibiting multiple signs of infection. 32 hours after the first operation, she was operated on again to find the source of the infection, and then to repair the injured bowel. The woman also underwent four more surgeries, needed a ventilator, […]

$2.255 Million to be Paid by Police Officer and Bar to Settle Car Crash Lawsuit

Four killed by officer in drunk driving crash; Officer and bar found at fault

St. Louis website, Stltoday.com, reports an off-duty police officer and the bar which served her alcohol will pay $2.255 million to the families of the four young people who died in a car crash on March 21, 2009.

The wrongful death lawsuit states the 42-year-old police officer had consumed a “high quantity” of alcohol at O’Leary’s Restaurant & Bar before leaving to drive home. On her way home she crossed the center line and drove her Mitsubishi into the Honda about 1:45 a.m. All four passengers were killed and the driver suffered a head injury, fractured rib, liver trauma and lung and skull contusions.

The bar was included in the lawsuit because its employees knew the police officer was drunk and did not call her a cab or stop her from driving her car. […]

$6.5 Million Awarded in Deadly Tractor Trailer, Pick-Up Truck Crash

Tractor trailer driver and farm at fault for fatal accident

Two years after a 32-year-old woman was killed when a tractor trailer rear-ended the pick-up truck in which she was riding, her family has been awarded a $6.5 million award in their wrongful death lawsuit, reports the Courier-News.

On Halloween, 2008, the East Dubuque, Illinois woman, her husband, and their 3-year-old son were on the way to Goebbert’s Pumpkin Patch when a tractor-trailer rear-ended their pick-up truck, killing the wife instantly. Her husband suffered a broken spine, facial fractures, and respiratory failure and their son suffered two broken legs, head injuries and lacerations.

The lawsuit alleged the driver of the tractor-trailer was operating a motor vehicle while under the influence of drugs, driving over the speed limit and failing to keep a proper lookout. It was learned the owners of the tractor-trailer, […]

$65 Million Verdict In 2007 Tractor-Trailer Crash Upheld By Appeals Court

Tractor trailer company found at fault for young woman’s permanent injuries in crash

Considered to be one of the largest in Polk County, Florida, a $65 million verdict for a woman injured in a 2007 traffic crash was upheld by the 2nd District Court of Appeals, reports The Ledger of Lakeland, Florida.

In 2007, the 19-year-old was driving her Dodge Neon when she was struck by a tractor-trailer at an intersection. An eyewitness to the accident testified the young college student had the green light.

A typical fully loaded tractor-trailer can weigh close to 80,000 pounds, while an average passenger automobile weighs only 3,000 pounds. Due to this size disparity, and the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries. If you, or a loved one, has been injured in a commercial trucking accident, […]

Pennsylvania to Vote on Regulation Establishing Cement Type for Marcellus Shale Wells

The Department of Environmental Protection (DEP) will vote on an important regulation that will require Marcellus Shale drillers to use a stronger type of cement inside the casing of the wellbores. The regulation will be part of the well construction rule that currently regulates the time the cement must be allowed to settle as well as setting limits on how much pressure can be applied to a well.

According to Range Resources, one of the Marcellus Shale drilling companies, the process to fully isolate the wellbore involves inserting multiple heavy steel casings extending from the ground surface to deep into the ground, and fully cemented into the wellbore. Once the initial wellbore cement has set, the wellbore setting is continued “from the bottom of the previously cemented steel casing to the next depth. This process is repeated using smaller diameter steel casings until the oil and gas bearing rock is reached. […]

DEP Makes Marcellus Shale Production Data Available to Public

The Department of Environmental Protection (DEP) has made production data for Marcellus Shale natural gas wells in the state available on their website. Under Act 15 of 2010, Marcellus operators are required to report their well production totals from July 1, 2009 to June 30, 2010. This act overturned previous provisions in the Oil and Gas Act that required production data to be kept confidential for five years.

John Hanger, secretary of DEP, says that by making this information available to the public “a much-criticized layer of secrecy” is removed and the public and government now have “unprecedented access to this information.”

Even though the companies were required to submit the data to the state by August 15, 2010, 18 of the state’s 74 Marcellus Shale operators have not yet complied. Hanger said the department will pursue “whatever enforcement action is necessary to ensure compliance with the law.” […]

Marcellus Shale Drilling Goes International

As companies discover how lucrative the Marcellus Shale region has become, more and more are trying to buy a stake to the rights of the mineral-rich property. Reliance Industries Ltd., India’s largest private-sector company, has just acquired a 60 percent stake in 104,400 Marcellus acres in central and northeastern Pennsylvania.

Reliance, which has already invested $3 billion in the purchase of shale-gas assets in Pennsylvania, believes they could yield close to 3.4 trillion cubic feet of gas. They also anticipate drilling 1,000 wells in the area over the next decade.

Other international investors include companies from France, Norway and Japan.

If you are a property owner whose property has been harmed by natural gas exploration, talk to an attorney who is experienced in Marcellus Gas drilling issues. The attorneys at Munley, Munley & Cartwright represent victims who have been injured through no fault of their own, […]

Hazelton City Authority Investigates Drilling Rights

The chairman of the Hazelton City Authority (HCA), Phil Andras, is investigating the process of the Marcellus Shale drilling that could soon be moving into the area. Andras wants to ensure that they have the mineral rights for the 7,000 acres that the town currently owns, understand the steps needed to preserve the watershed and “spend some time learning more about the process and about the protections with the state and federal (environmental agencies).”

Andras has proposed enforcing a moratorium on Marcellus Shale drilling on HCA land until the drilling companies can prove “with a very high degree of certainty” that their operations are safe and would have no adverse environmental impact.

Another authority member, Dick Ammon agrees with Andras saying, “we want to make sure whatever’s done, we won’t pay a price down the road.” HCA members have said they are not against drilling, but they do want to ensure their watershed is protected. […]

Over 1,400 Marcellus Shale Drilling Violations in PA

According to a report released by the Pennsylvania Land Trust Association, drillers in the Marcellus Shale region of the Keystone state have amassed 1,435 violations. The information, based on data between 1/1/2008 and 7/25/2010 from the PA Department of Environmental Protection, identifies 952 of the violations which were judged as having the most potential for direct impact on the environment.

The violations were issued to 43 different drilling companies and included violations such as: Violations of Pennsylvania’s Clean Stream Law, Discharge of Industrial Waste, Improper Construction of Waste Water Impoundments, Inadequate Blowout Prevention, and Improper Construction of Waste Water Impoundments.

Most of the violations, 277 of them, were cited for Improper Erosion & Sediment Plans Developed / Implemented. The report states that Marcellus Shale natural gas well construction requires careful adherence to the implementation of erosion and sediment plans to minimize erosion that could cause harm to the streams and rivers. […]

Pooling May be Forced on Marcellus Shale Area Residents

The Marcellus Shale natural gas industry is lobbying for legislation that would force property owners in the Marcellus Shale region to allow drilling for natural gas on their land if other property owners approve the request but they refuse. Referred to as “forced pooling,” the pooling order would set forth the terms and conditions of the forced lease, such as compensation for the reluctant property owner.

The purpose of pooling is to group adjoining mineral rights leases to form a larger drilling unit, and according to the industry, results in more economical drilling. Property owners with mineral rights would lease his or her interest in exchange for a royalty share. In Pennsylvania, the industry wants to add the statute to the severance tax to be adopted by the state.

If you are a property owner and you are opposed to drilling on your property, […]

Pennsylvania DEP Launches the Marcellus Shale Examiner

The Pennsylvania Department of Environmental Protection (DEP) has launched the “Marcellus Shale Examiner,” a weekly e-newsletter to chronicle the latest news on Marcellus Shale activities. The DEP states, “In the past three years, Pennsylvania has become the epicenter of natural gas exploration with dozens of companies seeking to capitalize on the abundant natural resources in the Marcellus Shale formation. The consequences of this rapidly growing industry affect us all.”

The DEP will use the Examiner to follow the work related to drilling in Pennsylvania the policy makers will be focusing on in the coming months. The policies will range from enacting a severance tax so large drilling firms pay their fair share, to writing laws that could affect landowners’ rights when it comes to drilling on or under their property.

If you are a property owner whose property has been harmed by natural gas exploration, […]

Natural Gas Company Boosts Production

With the help of the Marcellus Shale natural gas wells, Range Resources boosted their second quarter natural gas production by close to 10 percent. The gas company based in Fort Worth, Texas, produced an average of 472 million cubic feet of natural gas per day, largely driven by production from the Marcellus shale region.

Range Resources focuses their drilling on “unconventional resource plays targeting shales, coal bed methane and tight oil and gas reservoirs.” The company began drilling in the Marcellus Shale region, which covers parts of Ohio, Pennsylvania, New York, West Virginia and Virginia, in 2004, and by mid-2009, Range Resources completed their 50thhorizontal well in the Marcellus Shale. To date, there are 146 wells drilled in the region.

Range Resources estimates that the Marcellus wells are as good as, and potentially better than the production in the North Texas Barnett Shale. […]

Hearings to Focus on Marcellus Shale Drilling Moratorium

The Delaware River Basin Commission will hold public hearings in northeast Pennsylvania to determine whether or not to strengthen its moratorium on drilling for natural gas in the river basin. The debate centers on landowners that say they should be able to lease the mineral rights to their land, versus the environmentalists that say the process of drilling for natural gas could pollute groundwater.

The vast Marcellus Shale formation and its lucrative natural gas deposits underlie much of the covered region of the Delaware River basin areas of New York, Pennsylvania, New Jersey and Delaware. The agency has legal authority over water quality and quantity issues in the basin.

The drilling moratorium is in effect until the commission adopts gas drilling regulations.

If you are a property owner whose property has been harmed by natural gas exploration, talk to an attorney who is experienced in Marcellus Gas drilling issues. […]

Gas Drilling in Williamsport Featured in New York Times

The gas industry has brought big changes to some of the small towns in our area. One such town is Williamsport, PA, the subject of a recent New York Times story about how the drilling industry has affected the people who live there. Many residents are experiencing immediate economic benefits, but are concerned about the long-term effects.

Williamsport and several neighboring communities have attracted gas companies interested in drilling into Marcellus Shale, a geographic region rich with natural gas that stretches through West Virginia, eastern Ohio, Pennsylvania and into southern New York. The shale contains enough natural gas to meet much of the energy needs of the entire Northeast region.

Drilling could bring much-needed money and jobs into the region, but the industrial process of extracting natural gas has raised concerns about the environmental impact, the New York Times reports, as well as questions about the need for greater regulation of the drilling operations in the area. […]