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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Is It Worth Getting a Lawyer for a Car Accident in Philadelphia?
Determining When To Speak to a Car Accident Lawyer
Car accident cases can be complicated. From dealing with the insurance companies to determining fault, most car accident victims don’t know where to begin. Car accidents in Philadelphia also have certain dates to meet under Pennsylvania law. If you want to file a car accident claim, you should not delay.
While not all car accidents require the aid of a Philadelphia car accident lawyer, in many car accidents, it is worth seeking legal advice.
Learn more about the situations in which a car accident may require an experienced car accident lawyer.
Questions For Philadelphia Car Accident Lawyers
It is normal after an auto accident to have multiple questions. For starters, what do I do now? Following a car accident, […]
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Can Both Parties be At Fault in a Car Accident?
Understanding Shared Fault in Car Accident Cases
When car accidents occur, each driver may be looking to place fault on the other. However, the reality is that both parties can be at fault in a car accident. Depending on the state you live in ultimately determines how your shared level of fault will alter the amount of compensation you can recover from the other driver in a car crash.
If you’re asking yourself “Can both parties be at fault in a car accident?” an experienced car accident attorney can help. These car accident cases can be complicated — from determining the percentage of fault across all the parties involved, to dealing with the other party’s insurance company, as well as medical bills, insurance adjusters, a police report, and more.
If you and another driver share fault in a car crash, […]
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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, […]
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Who’s At Fault in a T-Bone Accident?
What is a T-Bone Car Accident?
A T-bone accident is one in which one vehicle strikes the side of another with its front, thereby forming a “T” shape. This 90 degree angle impact often results in very serious injuries, and if you’ve been injured in a T-bone accident, it’s important to seek medical care immediately. If you end up asking, “Who’s At Fault in a T-Bone Accident?” a lawyer can help.
Unfortunately, these instances are all too common: side impact collisions make up about a quarter of all collisions in the US each year. T-Bone accidents most often occur in intersections, when vehicles involved either intentionally or accidentally disregards a red light or stop sign or negligently makes a left turn.
Drivers involved in a traffic accident who decide to speed through a yellow light can also cause a T-Bone collision like this. […]
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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, […]
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