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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Teen Killed In Bucks County Car Crash
A teenager was killed and another critically injured in a single-car collision in Bucks County on December 9.
Three other teens riding in the back seat climbed from the wreckage dazed and bleeding. All three were taken to the hospital.
The teen who died was in the front passenger seat. He was not wearing a seatbelt.
By law, individuals who are injured in a Pennsylvania motor vehicle crash, or the families of people killed through no fault of their own, have a right to compensation for their losses.
Here is a news report on the tragic Bucks County accident:
Cameron Smithwick, 19, was killed and LJ Tanner, 18, was left in critical condition. Three other teens in the car also had to go to the hospital.
Cameron’s family says the silver Monte Carlo hit a bump and flipped several times before crashing into a utility pole. […]
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7 Tips for Safe Winter Driving in PA
Winter driving safety relies on Department of Transportation as well as drivers
In the coming months, state highway workers will be dumping nearly a half-million tons of salt to keep icy Pennsylvania roads safe.
And drivers are being urged to do their part as well.
This is the season of dangerous travel. In 2011, there were 1,994 vehicle crashes and 19 fatalities during the Christmas and New Year travel periods in Pennsylvania.
The state Department of Transportation – with 5,400 operators and 2,250 trucks on standby – has issued a winter travel safety alert:
“PennDOT’s primary goal during winter weather is keeping our nearly 40,000 miles of roadway passable, which means they won’t necessarily be free of ice and snow during storms,” [PennDOT Secretary Barry] Schoch said. “Getting through winter safely is a shared responsibility between us and our customers.”
Following are some safe winter motoring tips:
- Know the danger areas. […]
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PA Car Accident Attorney Says Expected Increase in Fourth of July Car Travel Raises Need to Keep Safety in Mind
Scranton, PA, June 29, 2012 — Pennsylvania car accident lawyer Caroline Munley today urged the state’s residents to keep safety in mind as decreasing gas prices fuel an expected upsurge in drivers on the road this July 4th holiday.
“As more people hit the road to celebrate Independence Day and for early summer vacations, the increase in traffic congestion raises the need to be mindful of safe driving practices,” said Munley, managing partner of the Pennsylvania personal injury firm of Munley Law in Scranton.
“We urge travelers to refrain from fatigued driving, drinking and driving and distracted driving, such as using cell phones for talking or texting while driving, which are all major causes of car accidents,” she said.
The AAA auto club said it expects 42.3 million Americans to travel more than 50 miles from home over the Independence Day period, […]
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Text message sender is sued in distracted driving accident
Victims in distracted driving accident claim sender of text message enabled driver to be distracted
The victims of a distracted driving accident are making history in the lawsuit they have filed for damages. A man and his wife who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting are suing the sender of the text message as well as the driver.
The driver of the car that struck the New Jersey couple in Sept. 2009 pled guilty to using a hand-held cellphone while driving, careless driving, and failure to maintain a lane. The man was sentenced to $775 in fines and was ordered to speak about the dangers of texting and driving at local high schools, according to the article in the New York Daily News.
The couple is seeking damage for medical costs related to their injuries. […]
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San Diego Man Awarded $2.4 Million in Asbestos Exposure Lawsuit
A San Diego Navy Veteran who was diagnosed in 2010 with mesothelioma, an asbestos-caused cancer, was awarded $2.4 million in damages after his disease was found to be attributed to his work in ship boiler rooms.
The lawsuit, filed against John Crane, Inc., claimed the plaintiff was exposed to asbestos while serving in the Navy from 1961 to 1971 in his work in the maintenance and repair of boilers, pumps and valves. The suit claimed John Crane made some of the asbestos-containing packing material and gaskets in the equipment.
The total damages of about $2.4 million include nearly $1.4 million in noneconomic damages and $450,000 for loss of consortium. The jury found John Crane five percent liable, the Navy and insulation companies 57 percent at fault, some manufacturers and suppliers 37 percent at fault. […]
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