Motor Vehicle Litigation

When a claim for liability is litigated, it becomes necessary to file a lawsuit. The defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds that you are responsible for an accident the damages you incur will be reduced according to your percentage of fault. This rule is not applicable to owners of vehicles rented out or leased to minors.

Duty of Care

In a lawsuit for negligence the plaintiff has to prove that the defendant was obligated to exercise reasonable care. This duty is due to everyone, but those who operate a vehicle owe an even greater obligation to others in their field. This includes not causing accidents in motor Vehicle Accident lawyers vehicles.

In courtrooms the standards of care are determined by comparing an individual's behavior with what a normal person would do in similar circumstances. Expert witnesses are frequently required in cases involving medical malpractice. People with superior knowledge in particular fields may be held to a higher standard of treatment.

When a person breaches their duty of care, it could cause harm to the victim and/or their property. The victim must then show that the defendant's infringement of duty caused the harm and damages they sustained. The proof of causation is an essential part of any negligence case and requires considering both the actual cause of the injury or damages and the proximate reason for the injury or damage.

For instance, if someone runs a red light then it's likely that they'll be struck by a vehicle. If their vehicle is damaged, they'll be responsible for the repairs. The actual cause of an accident could be a brick cut that develops into an infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proven to win compensation in a personal injury claim. A breach of duty occurs when the actions of the person at fault aren't in line with what an average person would do in similar circumstances.

A doctor, for example has a variety of professional obligations towards his patients. These professional obligations stem from laws of the state and licensing bodies. Drivers are bound to take care of other drivers and pedestrians, and to respect traffic laws. If a driver violates this obligation and results in an accident is responsible for the injuries of the victim.

A lawyer can use the "reasonable person" standard to prove the existence of a 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 breach of duty by the defendant was the proximate cause of the injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have driven through a red light however, that's not the reason for the bicycle accident. For this reason, causation is often contested by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must prove a causal link between defendant's breach and their injuries. For instance, if a plaintiff suffered an injury to his neck in an accident that involved rear-ends and his or her lawyer might argue that the collision was the cause of the injury. Other elements that could have caused the collision, like being in a stationary car are not considered to be culpable and will not impact the jury's decision to determine fault.

It can be difficult to establish a causal connection between an act of negligence and the plaintiff's psychological problems. It could be that the plaintiff has had a difficult past, has a difficult relationship with their parents, or has used drugs or alcohol.

If you've been involved in an accident that is serious to your vehicle It is imperative to consult an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have established working relationships with independent physicians in different specialties, as well experts in computer simulations and accident reconstruction.

Damages

In motor vehicle accident lawyer vehicle litigation, Motor vehicle accident lawyers a plaintiff could recover both economic and noneconomic damages. The first category of damages includes the costs of monetary value that can easily be summed up and summed up into an overall amount, including medical treatment as well as lost wages, repairs to property, or even a future financial losses, such as loss of earning capacity.

New York law also recognizes the right to recover non-economic damages such as the suffering of others and the loss of enjoyment of life, which cannot be reduced to a monetary amount. However the damages must be proved to exist by a variety of evidence, such as deposition testimony of the plaintiff's close family members and friends medical records, deposition testimony, and other expert witness testimony.

In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine the proportion of damages awarded should be split between them. The jury must decide the amount of fault each defendant has for the accident and then divide the total amount of damages awarded by that percentage. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of these trucks and cars. The resulting analysis of whether the presumption of permissiveness applies is not straightforward and usually only a clear showing that the owner specifically did not have permission to operate his car will overcome it.