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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Property Damage from a Car Accident
Property Damage Claims After a Car Accident
One of the most common questions people ask after a car accident is: How can I get my vehicle fixed? Who is responsible for repairs? Do I need a lawyer?
If your vehicle sustained damage in the accident but you were not physically hurt, then, fortunately, you won’t need a personal injury lawyer. Property damage claims are usually faster and easier to resolve than personal injury claims. In fact, most property damage claims can be handled without an attorney. But we understand that getting your vehicle up and running again can be very stressful. Here’s what you can expect with a property damage-only claim.
Vehicle property damage claims may include:
- Repairs to your vehicle
- The market value of your vehicle if it is a total loss (totaled)
- Related costs such as vehicle rental and towing
In most cases, […]
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Multiple couples sue CHA Fertility Center over embryo mix-up
This week, two couple filed separate lawsuits against the same fertility clinic in California after a devastating mix-up. One mother gave birth to children who turned out not to be her own, and another would find out that her son had been born to someone else.
Here’s what happened…
A New York couple had been trying for more than six years to have children of their own. They underwent multiple cycles of in vitro fertilization (IVF), a costly process by which embryos are created using the mother’s egg and father’s sperm, stored and preserved, and then are implanted in the womb, with the hope of a successful pregnancy. After multiple failed cycles, the couple was informed that they finally succeeded, and were expecting twin girls (the embryos they created had been female). The first signs of trouble came when ultrasounds showed two male babies, […]
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What is “PIP” coverage on my auto insurance policy?
One of the questions we hear most frequently as personal injury lawyers is “Who is responsible for my medical bills if I’m hurt in a car accident?” In Pennsylvania, you would first go through your Personal Injury Protection or “PIP” coverage. Once you’ve exhausted your PIP, you would then turn to your own health insurance for the remaining medical costs.
What is PIP coverage?
Personal injury protection or “PIP” pays for your own medical costs when you’ve been hurt in an accident. This is true no matter who is at fault for the crash. This is why PIP is sometimes referred to as “no fault” insurance. Your PIP also covers you when you’re a passenger hurt in someone else’s vehicle, or if you’re hit as a pedestrian or on a bicycle.
Do I have PIP coverage on my policy? […]
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What Happens if You Get in an Accident in the Company Vehicle?
Driving a company car can be both a benefit and a burden. The perks include not paying for gas out of your own pocket and not worrying about putting miles or wear and tear on your own car. But what happens when you are involved in an accident in a company car? Understanding who is at fault and must pay can be confusing.
If you are involved in an accident in a company car
and your employer purchased commercial auto insurance, the commercial auto
insurance provider will usually pay any valid claims related to the accident,
as long as the employee was using the vehicle properly at the time of the
accident. Most of the time, your employer will deal with the insurance company
directly, though you may have to answer questions or provide other evidence
upon request of the insurance company. […]
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National Truck Driver Appreciation Week
Thank a Trucker: National Truck Driver Appreciation Week
September 9 through September 15, 2018, is National Truck Driver Appreciation Week (NTDAW). This week, we show our respect and gratitude for the 3.5 million men and women who keep our economy moving.
Truck drivers do a demanding, important, and often thankless job. We depend on truck drivers every single day to transport goods across the country. Most of us take for granted those who bear the enormous responsibility of safely moving 70,000 lb vehicles safely across the nation’s highways. They even train to combat human trafficking in the United States as the “eyes and ears of our nation’s highways”. They often sacrifice time with their own families to make their deliveries on time to ensure that we have the goods we need. Some truck drivers sacrifice far more: A recent government report on workplace fatalities showed that truck drivers had the highest number of workplace fatalities. […]
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