Motor Vehicle Litigation

When a claim for liability is litigated and the liability is disputed, it is necessary to start a lawsuit. The Defendant will then have the chance to respond to the complaint.

New York follows pure comparative fault rules, which means that in the event that a jury finds that you are responsible for causing the crash the damages awarded to you will be reduced by your percentage of negligence. This rule does not apply to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was obligated to exercise reasonable care. This duty is owed to everyone, but people who operate vehicles owe an even greater duty to others in their field. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms evaluate an individual's behavior with what a normal person would do in the same conditions to determine an acceptable standard of care. This is why expert witnesses are frequently required when cases involve medical malpractice. Experts with more experience in the field could be held to a greater standard of treatment.

When someone breaches their duty of care, it could cause injury to the victim or their property. The victim has to demonstrate that the defendant did not fulfill their duty and caused the injury or damages they sustained. Proving causation is a critical aspect of any negligence case which involves looking at both the actual basis of the injury or damages as well as the proximate reason for the injury or damage.

For instance, if a person runs a red light and motor vehicle accident is stopped, they will be hit by a car. If their car is damaged they'll be responsible for the repairs. The actual cause of a crash could be caused by a brick cut that develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty by an individual defendant. It must be proven in order to receive compensation for a personal injury claim. A breach of duty is when the actions of the at-fault person are not in line with what a normal person would do in similar circumstances.

For instance, a doctor, has a number of professional obligations to his patients. These obligations stem from the law of the state and licensing authorities. Drivers are obliged to protect other motorists and pedestrians, as well as to respect traffic laws. A driver who breaches this obligation and creates 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 failed to comply with the standard in his actions. It is a question of fact for the jury to decide if the defendant met the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the proximate cause of the injuries. It can be more difficult to prove this than a breach of duty. For instance it is possible that a defendant run a red light but it's likely that his or her actions wasn't the main cause of your bicycle crash. This is why causation is often contested by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. For instance, if the plaintiff suffered an injury to his neck in an accident that involved rear-ends, his or her lawyer would argue that the collision was the cause of the injury. Other factors that are necessary to cause the collision, like being in a stationary car is not culpable and won't affect the jury's determination of fault.

For psychological injuries However, the connection between an act of negligence and an injured plaintiff's symptoms may be more difficult to establish. It may be because the plaintiff has a troubled past, has a difficult relationship with their parents, motor vehicle accident or is a user of alcohol or drugs.

It is imperative to consult an experienced lawyer should you be involved in a serious motor vehicle accident attorney accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, as well as motor vehicle accident - visit Designdarum Co here >> - cases. Our lawyers have developed working relationships with independent physicians with a variety of specialties including expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle accident lawsuit vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first category of damages covers any monetary costs that can be easily added to calculate the sum of medical treatment or lost wages, property repair and even future financial losses like a decrease in earning capacity.

New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment of life can't be reduced to cash. However these damages must be established to exist using extensive evidence, including deposition testimony from the plaintiff's close friends and family members medical records, other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages awarded should be split between them. This requires the jury to determine the amount of fault each defendant had for the incident and then divide the total amount of damages by that percentage of blame. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are sustained by drivers of cars or trucks. The resulting analysis of whether the presumption that permissive use applies is complex, and typically only a clear evidence that the owner specifically was not granted permission to operate the car will overcome it.