clovis motor vehicle accident law firm Vehicle Litigation

If liability is contested, it becomes necessary to make a complaint. The Defendant will then have the opportunity to respond to the complaint.

New York follows pure comparative fault rules which means that if the jury finds you responsible for the accident, your damages award will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles rented out or leased to minors.

Duty of Care

In a negligence case the plaintiff has to prove that the defendant was obligated to exercise reasonable care. The majority of people owe this obligation to everyone else, but those who take the car are obligated to the people in their area of operation. This includes ensuring that they do not cause car accidents.

In courtrooms, the standard of care is determined by comparing the actions of an individual with what a normal person would do in similar situations. In cases of medical malpractice, expert witnesses are usually required. Experts who have a greater understanding of particular fields may be held to a greater standard of care.

If a person violates their duty of care, it can cause injury to the victim or their property. The victim must then prove that the defendant's breach of duty caused the harm and damages they have suffered. Causation is an essential element of any negligence claim. It requires proving both the primary and vimeo secondary causes of the damages and injuries.

For instance, if a person runs a red light there is a good chance that they'll be struck by a car. If their vehicle is damaged, they'll be accountable for the repairs. But the actual cause of the accident could be a cut or bricks that later develop into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. This must be proved in order to be awarded compensation in a personal injury case. A breach of duty occurs when the actions of the party at fault do not match what a reasonable person would do in similar circumstances.

For Vimeo instance, a doctor has a variety of professional obligations towards his patients. These obligations stem from the law of the state and licensing bodies. Motorists have a duty of care to other drivers and pedestrians on the road to drive safely and observe traffic laws. Drivers who violate this duty and causes an accident is accountable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of the duty of care and then demonstrate that the defendant did not meet that standard in his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also prove that the defendant's breach was the direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have run through a red light, however, that's not the reason for the accident on your bicycle. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle cases the plaintiff must establish a causal link between the breach of the defendant and their injuries. For instance, if a plaintiff sustained an injury to the neck as a result of a rear-end collision and his or her lawyer could argue that the accident caused the injury. Other factors that are needed to produce the collision, such as being in a stationary vehicle are not culpable and will not affect the jury's decision of liability.

For psychological injuries However, the connection between a negligent act and an injured plaintiff's symptoms could be more difficult to establish. It may be the case that the plaintiff has a rocky past, a poor relationship with their parents, or has abused alcohol or Vimeo drugs.

It is important to consult an experienced attorney when you've been involved in a serious motor accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, and motor vehicle accident attorney vehicle accident cases. Our lawyers have established working relationships with independent physicians in many areas of expertise as well as expert witnesses in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a plaintiff may be able to recover both economic and noneconomic damages. The first category of damages includes any monetary costs that can be easily added to calculate a total, for example, medical treatment, lost wages, property repair, and even future financial losses, like a diminished earning capacity.

New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment of life are not able to be reduced to money. These damages must be proved through extensive evidence like depositions of family members or friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of total damages to be split between them. The jury must determine the percentage of blame each defendant is responsible for the incident, and divide the total damages awarded by the same percentage. New York law however, doesn't allow this. 1602 does not exempt vehicle owners from the rule of comparative negligence in cases where injuries are suffered by drivers of cars or trucks. The process of determining whether the presumption is permissive is complicated. In general, only a clear demonstration that the owner refused permission to the driver to operate the vehicle will overrule the presumption.