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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What Happens if the At-Fault Party Doesn’t Have Car Insurance?
What to Do In Car Accident with Underinsured or Uninsured Motorist
You may be asking yourself, If I’m involved in a car accident, and the at-fault driver doesn’t have car insurance, what happens to me? In Pennsylvania, that answer largely depends on the type of insurance coverage you have, including underinsured motorist coverage. Typically, however, you can file a compensation claim with your own insurance company or file a personal injury or car accident lawsuit against the other driver.
Pennsylvania Drivers Are Required to Carry Insurance
In Pennsylvania, drivers are required to carry insurance coverage. Known as no-fault or Personal Injury Protection (PIP) coverage, no matter who is at fault in the accident, the initial medical bills are covered by your own insurance company, […]
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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.
Car 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, […]
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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 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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Bicycle accidents and auto insurance in Pennsylvania
Munley Law Personal Injury Attorneys personal injury lawyers explain: bicycle accidents and auto insurance
What if you were involved in a bicycle accident in Pennsylvania and suffered a serious injury? If your bicycle was hit by a motorized vehicle, whose insurance company is responsible – yours or the motor vehicle drivers? What if no one was at fault? Can you file an insurance claim or a lawsuit requesting reimbursement for pain and suffering resulting from a bicycle accident? Auto insurance in Pennsylvania offers both full tort and limited tort policy choices. What does that mean? How does it apply to bicycle accident coverage?
Accidents involving bicycles happen all too frequently. It pays to be aware of the details of how insurance coverage works. But the issue can become complex in many cases. Hiring a Pennsylvania bicycle accident lawyer can help you receive the benefits you deserve if you are a victim of an injury caused by an accident that happened while riding your bicycle. […]
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Wilkes-Barre Workers’ Comp and Third Party Claims
Wilkes-Barre workers’ comp and third party lawsuits: how a workers’ comp attorney can help
What should you do if you were injured at work in Wilkes-Barre or Luzerne County, Pennsylvania? What if a contributing cause was that a piece of equipment was faulty or malfunctioned? You might submit a claim under the guidelines of Pennsylvania Workers’ Compensation. However, the amount awarded may or may not cover all the medical and related expenses incurred when you could not work. How would you find funds to cover the additional costs? A third-party lawsuit against the equipment manufacturer might be the answer.
Our Wilkes’ Barre workers’ comp lawyer could provide wisdom and guidance in such a situation. Our workers’ comp lawyers have received many awards and have been highly ranked by client and peer reviews from Martindale-Hubbell. Munley Law began protecting workers’ rights to compensation for on-the-job injuries in 1959. […]
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