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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$6.5 Million Awarded in Deadly Tractor Trailer, Pick-Up Truck Crash
Tractor trailer driver and farm at fault for fatal accident
Two years after a 32-year-old woman was killed when a tractor trailer rear-ended the pick-up truck in which she was riding, her family has been awarded a $6.5 million award in their wrongful death lawsuit, reports the Courier-News.
On Halloween, 2008, the East Dubuque, Illinois woman, her husband, and their 3-year-old son were on the way to Goebbert’s Pumpkin Patch when a tractor-trailer rear-ended their pick-up truck, killing the wife instantly. Her husband suffered a broken spine, facial fractures, and respiratory failure and their son suffered two broken legs, head injuries and lacerations.
The lawsuit alleged the driver of the tractor-trailer was operating a motor vehicle while under the influence of drugs, driving over the speed limit and failing to keep a proper lookout. It was learned the owners of the tractor-trailer, […]
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$20 Million Personal Injury Settlement Sets Records
Freak accident leaves girl permanently injured, distribution company at fault
In what court officials say is the largest settlement in Outagamie County, WI court history, The Post Crescent reports the family of a 4½ year old girl will receive a $20 million settlement.
It was a minor crash, a freak accident, but it caused severe and permanent injuries to the little girl. In October 2008, a truck driven by a New London well-drilling company ran a red light and crashed into the van in which the little girl was riding. When the driver used the brakes before hitting the van, several pipes fell from the pipe rack and one smashed through a window in the van, striking the girl in the head.
She is now suffering from blindness, traumatic epilepsy and is functioning on the level of a two-year-old. She will need 24-hour care the rest of her life. […]
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$65 Million Verdict In 2007 Tractor-Trailer Crash Upheld By Appeals Court
Tractor trailer company found at fault for young woman’s permanent injuries in crash
Considered to be one of the largest in Polk County, Florida, a $65 million verdict for a woman injured in a 2007 traffic crash was upheld by the 2nd District Court of Appeals, reports The Ledger of Lakeland, Florida.
In 2007, the 19-year-old was driving her Dodge Neon when she was struck by a tractor-trailer at an intersection. An eyewitness to the accident testified the young college student had the green light.
A typical fully loaded tractor-trailer can weigh close to 80,000 pounds, while an average passenger automobile weighs only 3,000 pounds. Due to this size disparity, and the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries. If you, or a loved one, has been injured in a commercial trucking accident, […]
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Pennsylvania to Vote on Regulation Establishing Cement Type for Marcellus Shale Wells
The Department of Environmental Protection (DEP) will vote on an important regulation that will require Marcellus Shale drillers to use a stronger type of cement inside the casing of the wellbores. The regulation will be part of the well construction rule that currently regulates the time the cement must be allowed to settle as well as setting limits on how much pressure can be applied to a well.
According to Range Resources, one of the Marcellus Shale drilling companies, the process to fully isolate the wellbore involves inserting multiple heavy steel casings extending from the ground surface to deep into the ground, and fully cemented into the wellbore. Once the initial wellbore cement has set, the wellbore setting is continued “from the bottom of the previously cemented steel casing to the next depth. This process is repeated using smaller diameter steel casings until the oil and gas bearing rock is reached. […]
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DEP Makes Marcellus Shale Production Data Available to Public
The Department of Environmental Protection (DEP) has made production data for Marcellus Shale natural gas wells in the state available on their website. Under Act 15 of 2010, Marcellus operators are required to report their well production totals from July 1, 2009 to June 30, 2010. This act overturned previous provisions in the Oil and Gas Act that required production data to be kept confidential for five years.
John Hanger, secretary of DEP, says that by making this information available to the public “a much-criticized layer of secrecy” is removed and the public and government now have “unprecedented access to this information.”
Even though the companies were required to submit the data to the state by August 15, 2010, 18 of the state’s 74 Marcellus Shale operators have not yet complied. Hanger said the department will pursue “whatever enforcement action is necessary to ensure compliance with the law.” […]
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