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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Truck Drivers and Truck Accidents
The truck accident lawyers at Munley Law Personal Injury Attorneys have represented truck drivers from all over the country.
Truck drivers face a higher risk of highway accidents than other drivers, and a far higher risk of workplace injury and death than the national average. When a truck driver gets into an accident with another truck driver or a passenger vehicle, they may experience severe injuries as well. Since truck driving is a job for many, truck drivers may not know what their steps should be to get compensation for their injuries.
If you are a truck driver who has been hurt on the job, contact a truck accident lawyer at Munley Law Personal Injury Attorneys. We have represented truckers from all over the country who have suffered due to a work-related accident. Our consultation is free, and we never charge a fee unless we win your case, […]
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Delivery Truck Accident Lawyer
Our Delivery Truck Accident Attorneys Will Fight For Your Rights
It’s not hard to imagine why a collision between a passenger vehicle and a delivery truck can be a horrifying and hugely damaging incident. Even a relatively small truck is significantly larger and heavier than a passenger vehicle, which puts the members of the smaller vehicle at great risk if a truck accident does occur. In fact, data shows that in accidents between trucks and passenger vehicles, the driver and occupants of the truck are far less likely to be hurt.
If you or a loved one has experienced the trauma of a delivery truck accident, a delivery truck accident lawyer at Munley Law Personal Injury Attorneys is here to help. There’s no way to undo the pain you’ve experienced, but there is a way to seek both justice and compensation for your suffering. Our truck accident lawyers will fight tirelessly to protect your rights in the wake of your accident. […]
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Truck Drivers Speeding
How Dangerous is a Speeding Truck Driver?
Accidents involving trucks and tractor-trailers can be pretty severe. According to the Pennsylvania Department of Transportation, there are almost 7,000 truck and tractor-trailer crashes in the state every year. Between 100 and 200 of these accidents result in fatalities annually.
The severity of these accidents is not surprising because commercial large vehicles are heavier than passenger vehicles. When the weight of the truck is combined with high speed, the outcome can be quite tragic.
This is why people who are involved in accidents with large commercial vehicles tend to suffer significant injuries. The authorities know this too. The Commonwealth of Pennsylvania has capped the upper-speed limit for all vehicles at 70 miles per hour for good reason. Even then, the maximum speed limit in Pennsylvania can be adjusted to account for road and weather conditions. Our state can review the speed limits on its roads during dangerous weather conditions. […]
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How Much Is Your Rear-End Truck Accident Worth?
What to Do After a Rear End Truck Accident
Rear-end truck accidents can be devastating for you and your family, causing you to become injured, lose out on work, and have trouble paying your bills. You may be wondering, “How Much Is My Rear-End Truck Accident Worth?”
Only an experienced truck accident lawyer can tell you how much a possible settlement or trial verdict will be in your rear-end truck accident lawsuit. You need truck wreck experts who will evaluate your case and fight to help you win. The rear-end truck accident lawyers at Munley Law Personal Injury Attorneys can help you receive the compensation you deserve.
Munley Law Personal Injury Attorneys has been the go-to firm for victims of rear end accidents and their families for more than five decades. Our truck accident lawyers are recognized nationwide as leaders in truck accident law. […]
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Philadelphia Reckless Driving Accident Lawyer
Protecting Car Accident Victims in Philadelphia Since 1959
Traffic laws are put into place to protect drivers, passengers, pedestrians, cyclists, and other vulnerable road users from harm. However, when drivers behave recklessly, their negligence can lead to severe and sometimes fatal outcomes.
If you or a loved one were injured in Philadelphia as a result of a reckless driving accident, call Munley Law. Our Philadelphia car accident lawyers have been helping injury victims since 1959 recover the compensation they need to move forward from accidents.
For a no-obligation, free consultation, contact the Philadelphia reckless driving accident lawyers at Munley Law today to schedule a free consultation.
What is Reckless Driving?
Under Pennsylvania law, “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” Should you be found guilty of reckless driving, […]
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