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 Are the DOT Requirements for Reflective Tape on a Truck?
Have you noticed red and white reflective tape on the trailers of large trucks? Commercial trailers must install reflective tape that conforms to Department of Transportation (DOT) regulations. Trucking companies can guard against rear-end collisions and other accidents by doing so.
Be aware that these requirements may be relevant to you even if you’re not a trucker or otherwise involved in the trucking industry. For example, perhaps you were injured in a truck accident. If the truck didn’t have the proper reflective tape installed, you could potentially highlight this fact when pursuing compensation for medical bills, lost wages, and other such losses. Discuss your case with our truck accident team at Munley Law for more information.
DOT Reflective Tape Regulations
DOT reflective tape consists of an alternate red-white pattern. You’ve likely noticed this red and white tape on the trailers of large trucks. […]
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Understanding the Gross Vehicle Weight Rating of a Truck
Understanding the Gross Vehicle Weight Rating (GVWR) of a truck is critical to ensuring that the vehicle operates safely and legally. Vehicle manufacturers determine the GVWR, and this number reflects the maximum weight that the vehicle can safely handle. When a truck is overloaded, and the weight exceeds the GVWR, this puts the truck driver and other drivers on the road in danger and can lead to accidents. 
What Is Gross Vehicle Weight Rating (GVWR)?
The Gross Vehicle Weight Rating (GVWR) is set by the vehicle’s manufacturer and indicates the maximum allowable weight capacity for the vehicle. The GVWR considers the weight of the vehicle, its passengers, cargo, and the fuel tank. Although sometimes used interchangeably, the GVWR differs from other weight measurements, such as the Gross Combined Weight Rating (GCWR), which is the maximum total combined weight of a truck and its trailer. […]
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Man Hit By Plow While Leaving Doctor’s Appointment in Hempfield Twp., PA
A man had been hit by a plow truck after leaving a doctor’s appointment in Hempfield Township on January 6. According to news reports, a wintry mix had fallen throughout the area in the morning. Around 8 a.m., Pennsylvania State Police were called to the parking lot of an orthopedic office on Clark Ellis Road for reports of a man being hit by a plow truck.
According to police, the 74-year-old man was leaving the office when the backside of the plow truck hit him. Police believe he was not run over, but he was either pushed or dragged by the truck.
The victim suffered serious injuries and was taken to a local hospital before being transferred to Pittsburgh.
Police are investigating what caused the accident.
Winter Weather Accidents in Pennsylvania
As winter blankets Pennsylvania’s highways and backroads with snow and ice, […]
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Philadelphia Uber Accident Lawyer
Philadelphia Uber accident lawyers know rideshare accidents involve complex liability issues and insurance challenges. When you’re hurt in an Uber crash in Philadelphia—whether as a passenger, pedestrian, cyclist, or driver—determining fault and securing compensation requires specific legal expertise.
The Philadelphia Uber accident lawyers at Munley Law have extensive experience handling rideshare cases. Our board-certified trial attorneys have successfully litigated commercial vehicle accidents for decades. We take pride in our proven track record of negotiating fair settlements and winning courtroom verdicts against major companies. If you’ve been injured in an Uber crash, our injury attorney has the knowledge to protect your rights and pursue maximum compensation. Contact our Uber incident attorneys today to schedule a free consultation.
Compensation Available to Uber Accident Injury Victims in Philadelphia
After your Uber accident claim in Philadelphia, the financial impact can be overwhelming. […]
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Bethlehem Wrongful Death Lawyer
A Bethlehem wrongful death lawyer can help families seek compensation when negligence leads to the death of a loved one. At Munley Law Personal Injury Attorneys, our legal team combines over 60 years of experience with a proven track record of successful verdicts and settlements in the Lehigh Valley. We handle all aspects of wrongful death claims – from investigating the circumstances and determining liability to negotiating with insurance companies and proceeding to trial when necessary. While we aggressively pursue maximum compensation, we also provide compassionate guidance to help your family through this difficult process.
Contact us for a free consultation to discuss your wrongful death claim and learn how we can help protect your family’s future.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of action brought by the survivors or estate of a deceased person against the party or parties responsible for that person’s death. […]
