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.
More information about Fault
What Happens If Someone Hits You and They Don’t Have Insurance?
It is estimated that 1 in 8 drivers in the United States are uninsured. Unfortunately, this means if you are involved in a car accident, you may encounter an uninsured motorist. But what happens if someone hits you and they don’t have insurance?
The answer largely depends on the state you live in. Sometimes, your own insurance may cover the losses you incurred in the collision and in others, you may have to file a personal injury lawsuit.
The extent of your injuries as well as if you carry uninsured motorist (UM) coverage or underinsured motorist (UIM) coverage in your insurance policy will also determine where and how you can seek compensation.
Munley Law car accident attorneys help drivers involved in car accidents with uninsured motorists and can explain your options.
What Type Of Auto-Insurance Coverage Am I Required To Hold? […]
Read MoreMore information about Fault
Truck Accident Questions & Answers
Q: What can I do to protect myself after an accident with a big truck or tractor-trailer?
A: Truck and bus cases are very complicated and require the immediate attention of a truck accident lawyer who has a record of success in handling big truck cases. Trucking companies will typically have unlimited resources that include teams of lawyers and experts who are prepared to fight against any lawsuit you may file as a result of an accident—regardless of how injured you are. If you have been hit by a truck, the best way to protect yourself is to contact an experienced truck accident attorney who will defend your rights and ensure that you are fairly compensated.
Q: What should I do at the scene of a truck accident?
A: While you are at the scene of the accident, you should do the following:
- Remain calm and remain in your vehicle (unless it’s too dangerous to do so)
- Turn on your hazard lights
- Call 911 even if your accident seems minor
- Seek medical attention for any injured drivers or passengers
- Unless necessary, […]
More information about Fault
Semi Truck Accidents
A semi truck accident can be a life-altering experience for both you and your family. You could be facing serious injuries that can take months if not years to recover from. Your family could suffer the financial burden of paying the medical expenses without the help of your income. In many cases, the injuries sustained in the accident may be fatal and your family will be left to pick up the pieces afterward. If you get into a trucking accident with a semi truck, do you know what your next steps should be?
For more than 60 years, the truck accident lawyers at Munley Law have represented drivers, passengers, pedestrians, and truck drivers who have been seriously hurt in accidents with semi trucks. If you or someone you love was hurt in a crash with a semi, you will need someone on your side to make sure the trucking company is held responsible. […]
Read MoreMore information about Fault
West Virginia Car Accident Lawyer
Across the nation, car accidents are an all too common cause of death, injury, and extensive emotional and psychological 
damage. In 2019, West Virginia saw 260 fatalities from car accidents, and in 2015, car accidents caused around 8% of all injury-related hospitalizations in the state. Too many lives have been impacted and lost as a result of car accidents.
If you or a loved one has been a victim of a car accident in West Virginia, know that you do not have to fight this battle alone. The aftermath of an accident can be even more stressful and overwhelming than the accident itself, especially as you try to balance your recovery with all the complex logistics and legalities of your situation. But there is hope: with the help of an experienced car accident lawyer, you can take on your case with confidence. […]
Read MoreMore information about Fault
Can I Sue My Neighbor for an Injury on Their Property?
When you’ve been injured on a neighbor’s property, you might feel confused, upset, and unsure about what to do next.
You may wonder about your options if you’ve suffered an injury while visiting next door. The short answer is yes, you can sue your neighbor for an injury on their property, but there’s more to consider before taking that step.
When an injury occurs on a neighbor’s property, the question of legal recourse often arises. The ability to sue a neighbor for such an injury depends on several factors and involves understanding premises liability law. Call a premises liability lawyer at Munley Law for a free consultation to review your legal options.
Why You Might Sue Your Neighbor for an Injury on Their Property
While suing a neighbor can be a difficult decision, there are several legitimate reasons why you might need to take this step if you’re injured on their property:
- Medical Expenses: If you’ve incurred significant medical bills due to the injury, […]
