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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What’s the Difference Between Premises Liability and Personal Liability?
If you’ve experienced a loss or injury, it’s important to determine whether the blame falls on an individual’s behavior or a hazardous condition on a property. This is why it’s important to understand the distinction between premises liability and personal liability. Both terms relate to the legal responsibility that may come into play in liability cases when victims seek justice and compensation from an individual or a property owner through a legal claim.
Understanding Premises Liability
For those injured on someone else’s property, understanding premises liability is necessary to explore options for justice. This area of law holds a property owner responsible for maintaining a safe environment for residents, employees, and visitors alike. When a property owner neglects this duty, they may be held liable for any injuries sustained.
Common types of premises liability claims include slip and fall accidents, dog bites, […]
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Average Settlement for a Pedestrian Hit By a Car
Pedestrians are often far more vulnerable than motorists when navigating busy cities and towns. In a car, a motorist or passenger is surrounded by a steel frame that absorbs the shock of impact during a collision. A pedestrian is not afforded nearly the same degree of protection.
You may deserve compensation if you’ve been harmed in a pedestrian accident you believe resulted from the negligence of another party. Although settlement amounts can be substantial in these cases, as injuries in a pedestrian accident are often serious, the “average” settlement after a pedestrian accident varies widely. Factors like whether a victim has proper representation can play a significant role in the outcome of a case.
Still struggling with the physical and emotional aftermath of being struck by a vehicle, wondering if legal action is your next step? At Munley Law, our pedestrian accident attorneys have guided countless pedestrians through this exact situation, […]
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Where Do Pedestrians Get Hit the Most?
Where do pedestrians get hit the most and who is liable for their injuries or deaths? At Munley Law Personal Injury Attorneys, we represent personal injury victims and their families who have been injured as a result of someone else’s negligence.
If you were a pedestrian who was hit in a car accident, contact the compassionate pedestrian accident attorneys at Munley Law for a free case evaluation.
Where Are Pedestrian Accidents Most Likely to Occur?
According to the Centers for Disease Control and Prevention (CDC), one in six people who died in car accidents in 2020 were pedestrians; this equates to more than 7,000 pedestrians killed in collisions in the year alone.
Of reporting pedestrian accidents, the CDC finds that pedestrians get hit the most in urban areas, on roadways away from intersections where drivers travel at higher speeds, […]
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What Are the 5 Most Common Causes of Wrongful Death?
Learn about the five most common causes of wrongful death, including medical malpractice and accidents, and how to protect your rights.
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Parking Lot Pedestrian Accidents
Being hit by a car as a pedestrian can leave you seriously injured. You might expect this type of accident to happen in a crosswalk or other such setting. However, a parking lot can also be the setting of a harmful pedestrian accident.
Have you been injured as a pedestrian in a parking lot? You may be eligible for compensation if so. Contact Munley Law today for a free consultation.
The Hidden Dangers: Parking Lot Accident Statistics
A parking lot may not seem hazardous for a pedestrian. Unfortunately, parking lot accidents involving pedestrians are more common than you may realize. According to a report from a Bureau of Labor Statistics economist who studied the data, approximately 13% of all parking lot accidents involve pedestrian death. The National Safety Council has also tracked a fairly consistent rate of car accidents involving pedestrians in parking lots. […]
