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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Do Pedestrians Always Have the Right of Way?
When you first learned to drive, you may have been told pedestrians have the right of way. While this is generally true, pedestrians don’t always have the right of way. Of course, drivers must always be aware of their surroundings, including looking for pedestrians, but pedestrians must also be aware of traffic lights, crosswalks, and oncoming traffic.
If you were involved in a pedestrian accident and are questioning who has the right of way, Munley Law is here to help.
When Do Pedestrians Have the Right of Way?
Under Pennsylvania law, there are a few scenarios where pedestrians always have the right of way. However, it is ultimately the responsibility of drivers and pedestrians to practice safety on the roadways and be mindful before walking into traffic.
Crosswalks Without Signals
If a pedestrian is at an unmarked crosswalk without traffic signals, […]
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Is Lane Splitting Legal in Pennsylvania?
Have you ever been driving through a congested area and noticed a motorcyclist weaving in and out of traffic? While many motorcyclists think lane splitting should be common practice, it is currently illegal under Pennsylvania law.
If you are involved in a motorcycle accident and have been lane splitting, or hit a motorcyclist due to lane splitting, it can impact your personal injury claim.
What Is Lane Splitting?
Lane splitting, also known as white lining, occurs when a motorcyclist drives between two rows or lanes of traffic. Most commonly, riders split lanes when traffic is moving slowly or at a standstill. Lane splitting can occur on any type of road, including highways or rural roads.
Lane splitting is not the only traffic maneuver you may see a biker make. Other practices include:
- Lane filtering: The rider moves between stopped traffic or slow-moving traffic
- Lane sharing: Multiple motorcyclists share the same lane and ride beside each other in a close formation
- Shoulder surfing: When a rider drives on the shoulder of the road
A University of California, […]
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My Airbag Didn’t Go Off in a Car Accident. Can I Sue?
Being in a car accident can be scary, especially when the safety features of your vehicle do not work the way they are supposed to. But what happens when you were in a car accident and your airbags didn’t go off and you suffered injuries. Can you sue?
In general, yes you can sue if your airbags didn’t deploy during a car accident. However, who you can sue depends on a variety of factors.
Munley Law Will Determine Why Your Airbags Did Not Deploy in a Car Accident
In 1998, the Intermodal Surface Transportation Efficiency Act of 1991 went into effect, requiring that all cars and light trucks sold in the United States to have air bags on both sides of the front seat.
Since then, all drivers have come to expect that when they are involved in a motor vehicle accident, […]
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Common Causes of Car Accidents
Have You Been Injured in a Car Accident?
Car accidents are an all-too-common fact of life on United States roads and highways. Since the first car accident fatality in 1896, society has developed traffic laws and regulations in an effort to keep our roads safe and avoid motor vehicle accidents. Car manufacturers have increasingly developed advanced technology such as adaptive headlights and forward collision warning system (FCWS) to help decrease the frequency with which traffic accidents occur.
Despite these precautions, however, more than 5 million car accidents occurred in 2020, according to the National Highway Traffic Safety Administration (NHTSA), causing the deaths of 38,824 people. In addition to these fatal accidents, 2.28 million people suffered personal injuries due to vehicle accidents. These injured victims can suffer life-altering pain, high medical expenses, lost wages, emotional trauma, and even permanent disability.
If you’ve been injured in a car accident, […]
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Product Liability Lawyer
Every day, we depend on consumer products to live. From the vehicles we drive to the medications we take to the toys our children play with, we hope these goods have been designed, manufactured, and sold with the utmost care. Unfortunately, the products we rely on most are at risk of being dangerous or defective. If you or a loved one were hurt due to a dangerous or defective product, call the product liability lawyers of Munley Law.
For 65 years, Munley Law has represented victims in their most complex personal injury claims. Our experienced product liability lawyers have been named among the Best Lawyers in America, selected to Pennsylvania Super Lawyers, and are board-certified by the National Board of Trial Advocacy. With a track record of securing multi-million dollar settlements and verdicts, working with a personal injury attorney from Munley Law can make all the difference in your product liability lawsuit. […]
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