What is Negligence?
Negligence is the failure to use a reasonable degree of care given the circumstances. The four elements of negligence are a duty owed to a plaintiff, a breach of that duty by the defendant, proximate cause, and injury or damage suffered by the plaintiff. It is essentially carelessness.
According to Black’s Law Dictionary, negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” As such, negligence refers to a failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. It forms the basis of many personal injury claims and lawsuits, where a plaintiff alleges that their injuries or damages were caused by the negligent actions or omissions of another party.
Key elements of negligence include:
- Duty of care: The legal obligation of an individual or entity to exercise reasonable care to avoid causing harm to others. This duty may arise from professional relationships, ownership of property, or other circumstances.
- Breach of duty: A failure to fulfill the duty of care by acting or failing to act in a way that deviates from what a reasonably prudent person would do.
- Causation: The link between the defendant’s breach of duty and the plaintiff’s injuries or damages. It must be shown that the defendant’s actions or omissions directly caused harm to the plaintiff.
- Damages: Actual harm or losses suffered by the plaintiff as a result of the defendant’s negligent conduct, which may include physical injuries, emotional distress, property damage, or financial losses.
Legal principles related to negligence aim to compensate injured parties for their losses and encourage individuals and businesses to act responsibly to prevent foreseeable harm. For example, if your landlord doesn’t fix a rickety set of steps you let him to, and you fall through the steps a week later, the landlord is negligent in his duty of care. Understanding the elements of negligence is essential in personal injury cases and other legal disputes where liability is based on the failure to exercise reasonable care under specific circumstance
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What Causes Most Truck Accidents in Pennsylvania?
How Can a Truck Accident Lawyer Help With My Trucking Accident Case?
The Commonwealth of Pennsylvania is a major trucking route hub, seeing thousands of trucks on its roads per year. With an increase in truck traffic comes an increased risk of truck accidents. If you get into a truck accident, it’s important to understand what caused the crash. You’ll need the help of an experienced Pennsylvania truck accident lawyer at Munley Law Personal Injury Attorneys.
Munley Law Personal Injury Attorneys is a nationally recognized personal injury firm with a unique focus on truck accidents nationwide. Daniel and Marion Munley, two of the firm’s partners, have received accolades from their peers and legal organizations for their truck accident verdicts and settlements — for example, our truck accident lawyers have secured one of the largest settlements for an individual plaintiff in Northeastern Pennsylvania for a truck accident case. […]
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Does Driver Fatigue Cause Truck Accidents?
One of the most common causes of truck accidents is truck driver fatigue
Commercial truck drivers have a hard job. Navigating busy highways, unfamiliar routes, roads and cities with constantly changing driving conditions, ever-changing weather and road conditions, unclear road construction signs, shifting traffic patterns all have to be managed with great care. There is also the pressure from the trucking company to deliver a load on a tight deadline.
Traffic jams, construction delays and unreasonable deadlines can cause some truck drivers to skip legally mandated breaks. These regulations are put in place so truck drivers do not become fatigued and increase the risk of an accident occurring. If driver fatigue caused truck accident, do you know what to do next?
Our experienced truck accident lawyer at Munley Law Personal Injury Attorneys knows all too well how dangerous fatigued driving can be. […]
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Dump Truck Accident Lawyer
Injured in an Accident With a Dump Truck? Munley Law Can Help
Dump trucks, typically used for transporting loose materials to and from construction sites, pose a danger to other drivers on the road due to their size and weight. When you get into an accident with a dump truck, you could be facing debilitating injuries and huge expenses that you were not expecting. It may be difficult to obtain compensation on your own. If you or someone you love suffer a serious injury in an accident with a dump truck, consult a dump truck accident lawyer at Munley Law Personal Injury Attorneys to assist you with your claim.
For more than 60 years, Munley Law has been the go-to Pennsylvania truck accident law firm. Our attorneys are nationally recognized as leaders in trucking law. We’ve achieved millions of dollars in settlements and verdicts for our truck injury clients across the United States. […]
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Overloaded Truck Accident Lawyer
Injured in an accident with an overloaded truck? Let Munley Law Personal Injury Attorneys help
If you or a loved one experienced an accident due to an overloaded truck, we have plenty of information you may be looking for. The truck accident lawyers at Munley Law Personal Injury Attorneys understand that you may be experiencing physical and emotional pain, compounded by financial expenses and losses, due to an accident involving an overloaded truck. We encourage you to contact Munley Law Personal Injury Attorneys for a free consultation to discuss the details of your case and to give our skilled attorneys the opportunity to advocate for you.
The overloaded truck accident lawyers at Munley Law Personal Injury Attorneys have established a special focus on these unique types of cases. We have decades of experience winning cases against major transportation companies. Our trucking accident attorneys are dedicated experts in aggressively pursuing the justice and compensation that our clients deserve. […]
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UPS Truck Accident Lawyer
Collided with a UPS Truck? Call a Truck Accident Lawyer Today.
The United Parcel Service, or UPS, delivers packages and letters quickly across the country. This is an important service with great benefits. Unfortunately, the pressure to deliver on time can lead many UPS drivers to speed and disobey traffic rules, causing accidents.
If you or a loved one were injured in a UPS truck accident, or if a family member was killed, contact an experienced UPS truck accident lawyer at Munley Law Personal Injury Attorneys or via our online form for a free, no-obligation consultation as soon as possible. We are happy to discuss the circumstances of your injuries, help you understand your legal options, and provide a free case evaluation.
Types of UPS Truck Accidents
The most common kinds of UPS truck accidents are:
- Blindspot collisions. […]
