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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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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Fatal ATV Accidents in PA: Tips to Avoid a Deadly Wreck
It’s becoming a problem:
A number of recent ATV accidents in our area resulted in serious injury or death. Three of those occurred within the last month.
All-terrain vehicles, also called four-wheelers or quads, are popular among both kids and adults, but accidents involving these vehicles can cause severe injuries or loss of life. Children are able to drive an ATV long before they’re eligible for a learner’s permit to drive a car. There are laws governing ATV use in Pennsylvania, but because many people ride ATVs on private property or in the woods in rural areas, it’s very easy to break those laws. Usually, that’s how people get hurt.
To avoid a potentially devastating ATV accident, everyone who rides an ATV should have a basic understanding of PA’s ATV laws and these safety tips:
1. Alcohol was said to be a factor in one of the most recent fatal ATV wrecks in Northeast PA. […]
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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.
With a limited tort policy, […]
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Attorney Julia Munley to Child Sexual Abuse Victims: “You are Not Alone”
Julia Munley explains the ethical and legal obligation of reporting sexual abuse
In a recent interview, Attorney Julia Munley discusses misconduct and sexual abuse perpetrated by adults in positions of authority against minors. Attorney Munley has long been an advocate for victims and their families. Today, she helps to shed some light on this issue and offers some key pieces of advice for those who are concerned.
WNEP reported that Pennsylvania is ranked second in the country for reported claims of misconduct by teachers. In the last few months alone there have been at least seven stories just in our home region of Northeast PA.
It’s difficult to get hard and fast numbers on just how many of these incidents are occurring because claims do not always result in criminal charges. Moreover, […]
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