Fault

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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Who Is At Fault in an Intersection Accident?

Damaged cars after a car accident crash involving a big rig semi truck with semi trailer at a city street crossroad intersection in wilkes-barreAccording to the National Highway Traffic Safety Administration (NHTSA), 36% of car accidents occur at intersections. While there are various intersections a driver may encounter in their commute, laws regarding who is at the right of way will ultimately determine who is at fault in an intersection accident.

If you or a loved one have been injured in an intersection car accident, contact the car accident attorneys at Munley Law Personal Injury Attorneys today. We help car accident victims seek compensation in Wilkes-Barre, Philadelphia, and all across Pennsylvania.

Types of Intersections: Left Turn Accidents

Intersection accidents may occur at several intersections, specifically if one driver is making a left turn against oncoming traffic. These intersections include:

  • Traffic Light Intersections
  • Stop Sign Intersections
  • Uncontrolled Intersection
  • Uncontrolled T-Intersection

Traffic Light Intersection Accidents

When drivers approach a traffic light intersection, […]

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Speeding Accident Lawyer

Car Accident Lawyers Helping Victims of Speeding-Related Crashes

car accident lawyerSpeeding causes thousands of deadly crashes every year. Excessive speed increases the likelihood that a driver will lose control of their vehicle and cause a crash. What’s more, collisions that occur at a high rate of speed result in more injuries and are more likely to be fatal.

If you were injured in a car accident with a driver who was speeding or driving aggressively, that driver should be held responsible for the harm they’ve caused. However, you will still need to prove that the other driver was at fault for the crash and the economic and noneconomic damages you have suffered. Even if your case seems straightforward, insurance companies are unlikely to provide maximum compensation unless you have legal representation. That’s where a car accident lawyer at Munley Law Personal Injury Attorneys can make a big difference.  […]

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What Happens If My Uber is in an Accident?

If you’re feeling unwell, have had a few drinks, or don’t trust yourself driving at night, calling a car through the Uber app is the right choice. Unfortunately, however, calling a car doesn’t always guarantee a safe journey.

rideshare driver smiling to his passengerIf you or a loved one were injured in an Uber accident, Munley Law Personal Injury Attorneys is here to ensure you get the justice you deserve. Car accidents are traumatic events on their own. The aftermath of a crash, however, can be just as intimidating to manage if you don’t have the right resources. Between handling your medical care, claims with your insurance company, and potentially even lost wages, it is easy to feel overwhelmed.

Deciding to seek compensation for an Uber accident injury, though, can help to relieve some of this pressure. Reaching out to an experienced car accident lawyer can make a massive difference in winning you the outcome you deserve, […]

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Do You Have to Go to Court for a Car Accident?

car accidentLike over 104,000 Pennsylvania state residents, you might find that you have gotten in an automobile accident (Pennsylvania Department of Transportation). Being in an automobile accident, alone, is difficult enough. However after the crash, you may feel even more overwhelmed once law enforcement, insurance companies, lawyers, and even perhaps doctors get involved with your case. Many may experience confusion over what obligations they are under immediately following the crash.

You may find yourself asking, “Do You Have to Go to Court for a Car Accident?

Even the most minor crashes can be traumatic experiences. We therefore recognize that car accidents can be particularly difficult times in a driver’s life. If you or a loved one was involved in a crash, we express our most sincere condolences. Working with an experienced car accident lawyer can make a huge difference, both in making this turbulent process a little smoother, […]

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Sports Injury Lawyer

In the United States, 30 million children and teens participate in some form of organized sports, and every year there are roughly 3.5 million sport-related injuries. Many of these injuries result in long-term recovery, ongoing medical treatment, and even death. While many sports injuries are simple accidents, sometimes these injuries are the result of negligence. For example, if players are not provided with adequate safety equipment or supervision, the responsible party may be held accountable for injuries that occur. sports injury lawyers Munley law

The experienced sports injury lawyers of Munley Law Personal Injury Attorneys have represented many victims who have suffered sports injuries. We have learned through years of experience that sports-related injuries and deaths are often caused by the negligent and careless actions of sport leagues, schools, coaches, and even other athletes. We offer free consultations to all sport injury victims and we do not recover a fee unless we win for you. […]

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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

car accidentThe 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 AccidentCar 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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Are Slip and Fall Accidents Hard to Prove?

Are Slip and Fall Accidents Hard to Prove?

Philadelphia slip and fall accident lawyersProving negligence in a slip and fall accident comes with its own complications. Were you not paying attention? Was the property it occured on your own? Or did it happen in a public space?

Though proving negligence in a slip and fall accident can be difficult, it is important to do so if you want to seek recovery for the damages you incurred.

At Munley Law Personal Injury Attorneys, we know how critical these personal injuries cases are to your overall recovery. We have been helping slip and fall accident victims for more than 60 years and we’re ready to help ensure you get the compensation you deserve.

Components of Negligence in Slip and Fall Accidents

Following a slip and fall, your main priority is to seek medical attention. […]

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How Common Are Slip and Falls?

Slip and Falls Accidents are Very Common

 Slip and fall accidents remain one of the most common causes of injury in the United States with more than 3 million older adults being treated in emergency rooms for fall injuries each year. Further, slips, trips, and falls remain the most common cause of injury in retail stores.

While these accidents are common, they also can be costly. Learn more about the common causes, injuries, and costs of slip and fall accidents and how the slip and fall lawyers at Munley Law Personal Injury Attorneys can help.

What Are Common Causes of Slip and Fall Accidents?

Slip and fall accidents can occur anywhere– in residential, commercial, industrial, and public places. Because of this, there is a responsibility for everyone to keep spaces clear and free of hazards. Unfortunately, this doesn’t always happen, […]

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How Long After a Slip and Fall Can You Sue?

Determining When to Sue in a Slip and Fall Case

Philadelphia slip and fall accident lawyersThe state you live in and laws surrounding personal injury and wrongful death ultimately determines how long after a slip and fall you can sue. While state laws take into account the amount of time it takes to file a claim with insurance, partake in negotiations, and in some cases, go to trial, should you miss the statute of limitations, you lose the right to seek legal recourse against the party who owned the property and caused your injury.

Learn more about slip and fall statute of limitations and how Munley Law Personal Injury Attorneys can help get the compensation you deserve for your losses.

Pennsylvania, New York, New Jersey, and Delaware Slip and Fall Statute of Limitations

For more than 60 years, the slip and fall attorneys at Munley Law Personal Injury Attorneys have been representing accident victims across Pennsylvania, […]

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Should I Get a Lawyer for a Slip and Fall?

A Slip and Fall Accident Attorney Can Help

A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting.

Philadelphia slip and fall accident lawyersMany people may not realize just how serious the injuries caused by a slip and fall accident can be, for anyone, but particularly people over 65.  In fact, 75% of slip and fall accident deaths occur in this age group, and 66% of all injury cases in people over 65 are the result of a fall.

If you have been injured in a slip and fall accident, you may well be entitled to compensation. But simply determining whether you have a case, let alone navigating the legal and insurance systems as you fight for compensation, […]

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Can You Sue for a Slip and Fall Accident?

Slip & Fall Accidents are More Common Than You Think

Philadelphia slip and fall accident lawyersA slip and fall accident is, essentially, exactly what the name implies: one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This hazardous condition could be anything from a faulty handrail to uneven pavement to a slippery surface.

For someone young and healthy, a fall might not sound like much to worry about, but the reality is that the ensuing injuries are often more serious than meets the eye. It’s also a far more common occurrence than you may realize; in fact, more than half a million slip and fall accidents requiring medical care occur in North America each year.

So what can you do if you are injured in a slip and fall accident? Many people may not realize that pursuing legal action is absolutely a possibility. […]

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Can You Sue Someone for a Minor Car Accident?

What to Do If You’re In a Minor Car Accident

Inspecting a 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

car accident workers comp coming and going ruleWhile 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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What Happens If You Hit a Cyclist with Your Car?

Hit a Cyclist, or Injured in a Bicycle Accident? We Can Help.

bicycle accidents lawyerCar accidents involving an injured cyclist can be the worst experience anyone can have. If you’re asking yourself “What happens if you hit a cyclist with your car?” an experienced bicycle accident lawyer can help.

You may feel guilty, upset, and anxious about what happens afterward. Can the cyclist sue you for the accident? What will happen to your insurance rates? What happens next?

These are all valid concerns to have before, during, and after your time on the accident scene. Even if you were injured in the bicycle accident as well, you may be stressing over what can happen. That’s why it’s important to know what your next steps should be to protect yourself and your claim.

For over 60 years, Munley Law Personal Injury Attorneys has been helping bicycle accident and car accident victims alike with their personal injury claims. […]

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Hazleton Uber Accident Lawyer

If You Were Hurt in an Uber Accident, Contact a Hazleton Car Accident Attorney Today for Free Consultations 

uber accident lawyer near meUber provides a reliable service for anyone needing a ride in thriving cities likes Hazleton, Pennsylvania, and throughout Luzerne County. It is convenient. It helps you avoid the cost of owning and maintaining your own car. And it is smart to use a ride-sharing service like Uber, especially if you have been out on the town and want to avoid driving after having a few drinks.

While Uber can be convenient and safe, there are risks when we take a ride with Uber. A recent study conducted by the University of Chicago and Rice University, shows that car accident deaths have increased significantly with the increase in use of the Uber app.

The study suggests that the increase may be caused by Uber drivers operating their vehicles when they are distracted or tired. […]

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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?

filing a lawsuit personal injury lawyersA 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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