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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OSHA Helps Trucker Fired for Refusing to Break Safety Rules
It’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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Don’t Call it a Car “Accident”
Safety advocates are trying to change the way we talk about motor vehicle crashes.
Mark Rosekind, head of the National Highway Transportation Safety Administration said that the term car “accident” implies that it was no one’s fault, it could not have been prevented or foreseen.
In reality, more than 90% of collisions are caused by driver error – drinking, distracted driving, speeding, and other risky behavior. Relatively few are true “accidents,” caused by uncontrollable situations like a mechanical malfunction, icy roads, or other factors.
So what difference does it make? Why does it matter what word we use to describe these incidents? Road fatalities are on the rise. Safety officials, lawmakers, and aggrieved families feel strongly that language reflects our attitudes, which affect policy. When the language we use implies that nothing could have been done to prevent a tragic “accident,” […]
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Volkswagen Recall Reveals Scam, Hurts Germany’s Reputation
Last 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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Fatal ATV Accidents in PA: Tips to Avoid a Deadly Wreck
It’s becoming a problem:
A number of recent ATV accidents in our area resulted in serious injury or death. Three of those occurred within the last month.
All-terrain vehicles, also called four-wheelers or quads, are popular among both kids and adults, but accidents involving these vehicles can cause severe injuries or loss of life. Children are able to drive an ATV long before they’re eligible for a learner’s permit to drive a car. There are laws governing ATV use in Pennsylvania, but because many people ride ATVs on private property or in the woods in rural areas, it’s very easy to break those laws. Usually, that’s how people get hurt.
To avoid a potentially devastating ATV accident, everyone who rides an ATV should have a basic understanding of PA’s ATV laws and these safety tips:
1. […]
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Looking at the brains of bad drivers
A 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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