Fault

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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Hazleton Catastrophic Injury Lawyer

truck accident lawyer marion munley and truck accident attorney dan munley

If you or a loved one experienced a catastrophic injury as the result of a traumatic accident, it is critical that you get the right legal representation. Our attorneys have decades of experience representing accident victims in Hazleton and throughout Pennsylvania.

A catastrophic injury can impact your life in more ways than most people can comprehend. From chronic pain and limited mobility to physical disabilities and emotional trauma that interfere with your ability to work and enjoy life, suffering a catastrophic injury can truly mean that life will never be the same.

If you or a close family member has been diagnosed with a catastrophic injury as a result of an accident in which another person or company was to blame, you deserve compensation for your injury-related losses. While no amount of money can truly restore what you have lost, asserting your legal rights can be critical to your recovery and your family’s long-term financial stability. […]

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OSHA Helps Trucker Fired for Refusing to Break Safety Rules

tractor trailerIt’s a tough call that truck drivers are often forced to make.

A trucker was assigned to transport a load of Poland Spring water from Massachusetts to New Jersey. A severe thunderstorm causing flooded roads and heavy traffic slowed him down considerably, and he realized he would not be able to complete the delivery and return home without violating the federal hours of service regulations intended to prevent overworked truckers from becoming a danger on the highways. So, he delivered the shipment to a closer facility; the trucking company and the customer approved the arrangement, and another driver carried the shipment to its final destination.

He was fired the next day for insubordination.

The driver filed a complaint with the Occupational Safety and Health Administration, who stepped in to help. According to one of their administrators:

“The law is clear: Drivers have the right to raise legitimate safety concerns to their employer – including refusing to violate safety regulations – without fear of termination or other retaliation. […]

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Volkswagen Recall Reveals Scam, Hurts Germany’s Reputation

30371832_sLast week, we heard yet another story of a major automaker intentionally deceiving the public and the government.

Volkswagen has been ordered by the Environmental Protection Agency to recall nearly half a million diesel powered vehicles in the U.S. due to  a software designed to cheat emissions tests. The software in the vehicles detects when an emissions test is being performed, and will reduce smog emissions during the test, making the car appear to be more environmentally friendly than it actually is. During normal driving time, the vehicles can emit up to 40 times the amount of nitrous oxide allowed by the Clean Air Act.

For a year, VW claimed that this discrepancy was the result of technical errors, but last week they admitted that the software was designed to intentionally cheat the tests.

Affected models include: diesel versions of the Jetta, […]

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Looking at the brains of bad drivers

pedestrian crosswalk accident lawyer paA 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. […]

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What you MUST know before buying car insurance

8111184_sOne 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. […]

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Auto Accidents Caused by Defective Roads

auto accidents caused by defective roads munley law

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 car accident attorneys of Munley Law 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. […]

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Scranton personal injury lawyer talks about more GM recall

GM recalled another 2.7 million vehicles in the United States for safety problems that have resulted in hundreds of complaints and some injuries. This follows millions of vehicles being recalled earlier this year for faulty ignition switches.

GM’s latest recall was for tail light malfunctions in cars including the Chevrolet Malibu, Pontiac G6, and Saturn Aura. According to the New York Times, the action for the Chevy Malibu marks the ninth time in about 16 months that the automaker has recalled vehicles that previously only had dealer bulletins sent.

So far this year, GM has recalled about 11.1 million vehicles in the US alone. The largest of the new recalls covers 2.4 million cars that have faulty wiring that could case brake lights to malfunction and not illuminate or could illuminate the lights without the pedal being touched.

GM says corrosion causes the brake-light fault, […]

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What Pennsylvania Personal Injury Lawyers Will Tell You About Insurance Policies That Big Insurance Companies Don’t Want You to Know About

Pennsylvania Law gives you two options for car accident insurance coverage: your insurance company won’t like one of them. A Personal injury lawyer from Munley Law Personal Injury Attorneys explains:

  • What’s the difference between a full tort and limited tort policy?
  • How much do personal injury lawyers in Pennsylvania charge you to handle your car accident case?
  • Do Personal Injury Lawyers in Pennsylvania charge up-front fees? 

Pennsylvania Personal Injury LawyersWATCH VIDEO: PENNSYLVANIA PERSONAL INJURY LAWYERS TALK ABOUT CAR ACCIDENTS:

Pennsylvania personal injury lawyers will advise you to choose “full tort” on your policy

When trying to get money after you get hurt in a car accident, Pennsylvania law provides two options:

Full Tort

or

Limited Tort

If you choose “Limited Tort” […]

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Snow and Frigid Temperatures Cause Dangerous Road Conditions in Pennsylvania

RTA_9958Snowy road conditions have already caused hundreds of accidents in Pennsylvania this winter, shutting down highways and resulting in deaths and many injuries. During a sudden heavy storm over the recent holidays, a chain reaction crash involving 35 vehicles closed down a section of the Pennsylvania Turnpike. Several tractor-trailers were mixed in the wreckage, which caused a 4-mile traffic jam. Ten people were taken to area hospitals.

According to a Pennsylvania personal injury lawyer, those same wintry conditions existed when more than 40 vehicles piled up in multiple crashes on I-78, closing the interstate for a time, and resulting in more than 60 injuries. State Police also reported that sudden snow squalls causing numerous accidents resulted in the Northeast Extension of the turnpike being closed on Christmas Eve from Clarks Summit to Allentown. Numerous accidents have also been reported on smaller roadways throughout Pennsylvania.

Advice from Pennsylvania personal injury attorney Julia Munley on what to do if you are in an accident. […]

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A Pennsylvania Injury Lawyer tells you what you should do right after a car accident

Pennsylvania Injury Lawyer: After you get into an accident, there are things that you can choose to DO and NOT DO right afterward that may affect your injury claim against the other driver’s insurance company.

A Pennsylvania Injury Lawyer will advise doing the following right after the accident takes place:

  • Stay inside your vehicle unless it’s too dangerous to do so
  • Turn on your hazard lights
  • Call 911 even if the accident didn’t seem too bad
  • Seek medical help for anyone involved in the accident if needed
  • Don’t move any vehicles or alter the scene unless you have to
  • Don’t leave the scene
  • Write down the names, addresses and phone numbers of everybody involved in the accident, including witnesses
  • Write down the names/badge numbers of police officers who come to investigate
  • Take pictures of injures and damage
  • DON’T admit fault
  • Call your insurance company right away and let them know what happened
  • DON’T talk about the accident with anyone except the police and your own insurance company. […]

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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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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.  The plaintiff himself was found to be one percent at fault. […]

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$1.25 Million Awarded After Surgeon Was Found Negligent

Surgeon found negligent in botched procedure

A 67-year-old Ithaca, New York woman was awarded $1.25 million after her surgeon was found negligent when a 2007 gallbladder operation left her gravely ill and fighting for her life.   The surgeon at Cayuga Medical Center had been practicing for over 15 years when found at fault.

The woman entered the hospital complaining of an upset stomach when she was told her gallbladder needed to be removed.  The woman’s bowel was unintentionally cut during surgery, yet the surgeon did not inspect the bowel for injury prior to completing the surgical procedure.

Almost immediately the woman became severely ill, exhibiting multiple signs of infection. 32 hours after the first operation, she was operated on again to find the source of the infection, and then to repair the injured bowel.  The woman also underwent four more surgeries, needed a ventilator, […]

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$2.255 Million to be Paid by Police Officer and Bar to Settle Car Crash Lawsuit

Four killed by officer in drunk driving crash; Officer and bar found at fault

St. Louis website, Stltoday.com, reports an off-duty police officer and the bar which served her alcohol will pay $2.255 million to the families of the four young people who died in a car crash on March 21, 2009.

The wrongful death lawsuit states the 42-year-old police officer had consumed a “high quantity” of alcohol at O’Leary’s Restaurant & Bar before leaving to drive home.  On her way home she crossed the center line and drove her Mitsubishi into the Honda about 1:45 a.m.  All four passengers were killed and the driver suffered a head injury, fractured rib, liver trauma and lung and skull contusions.

The bar was included in the lawsuit because its employees knew the police officer was drunk and did not call her a cab or stop her from driving her car.  […]

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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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$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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