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
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. […]
Read MoreMore information about Fault
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, […]
Read MoreMore information about Fault
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, […]
Read MoreMore information about Fault
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 attorneys of [firm-name] 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. […]
Read MoreMore information about Fault
“What Should I Do If I Get Hit By a Car While Walking?”
In effort to live healthier lives, many people are opting to institute activities, such as walking, running, and jogging into their daily fitness routines. It’s an easily accessible form of exercise, as it can be done just about anywhere—from your neighborhood cul-de-sac to your local park to the bustling streets of your city. But getting around on foot can open pedestrians up to traffic risks.
According to the National Highway Traffic Safety Administration’s Traffic Safety Facts report, there were 4,743 pedestrian fatalities and 76,000 pedestrian injuries involving motor vehicles in 2012. The same report states that those stats equal out to about one death every two hours and one injury every seven minutes. Of course, there are plenty of things you can do to ensure your safety while traversing your town on foot:
1) Use designated crosswalks. If the intersection has a walk/don’t walk sign, […]
Read More
