motor vehicle accident law firm Vehicle Litigation

When liability is contested and the liability is disputed, it is necessary to file a lawsuit. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules and, should a jury find that you are responsible for causing the accident the damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. This duty is due to all people, however those who operate a vehicle have an even greater obligation to other people in their field. This includes ensuring that there are no accidents in motor vehicles.

In courtrooms, the standard of care is established by comparing an individual's actions against what a normal individual would do under similar situations. This is why expert witnesses are frequently required in cases involving medical malpractice. Experts who have a superior understanding in a specific field could be held to an even higher standard of care than others in similar situations.

A breach of a person's duty of care may cause harm to a victim or their property. The victim is then required to demonstrate that the defendant did not fulfill their duty and caused the harm or damages they suffered. Proving causation is a critical part of any negligence case, and it involves looking at both the actual basis of the injury or damages, as well as the causal reason for the damage or injury.

For instance, if a person runs a red light, it's likely that they'll be hit by a car. If their car is damaged, they will be required to pay for repairs. The real cause of a crash could be a brick cut which develops into an infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that needs to be proven to win compensation in a personal injury lawsuit. A breach of duty is when the actions taken by the person who is at fault are insufficient to what a normal person would do in similar circumstances.

For instance, a physician has several professional obligations to his patients based on state law and licensing boards. Motorists are required to show care to other motorists and pedestrians on the road to drive safely and observe traffic laws. If a driver fails to comply with this duty of care and causes an accident, he is accountable for motor vehicle the injuries suffered by the victim.

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

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

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. If the plaintiff sustained a neck injury in an accident that involved rear-end collisions, his or her attorney would argue that the accident was the cause of the injury. Other factors that are necessary to cause the collision, like being in a stationary vehicle are not culpable and do not affect the jury's determination of liability.

It may be harder to establish a causal connection between a negligent action and the plaintiff's psychological symptoms. It may be that the plaintiff has had a difficult past, has a bad relationship with their parents, or has abused drugs or alcohol.

If you've been involved in a serious motor vehicle accident lawyers vehicle accident It is imperative to consult with an experienced attorney. 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 cases. Our lawyers have built working relationships with independent physicians in various specialties as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

In motor vehicle litigation, a person can seek both economic and noneconomic damages. The first category of damages comprises any financial expenses that can be easily added to calculate a sum, such as medical expenses or lost wages, property repair and even future financial losses like a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, motor vehicle including pain and suffering and loss of enjoyment of life, which cannot be reduced to a dollar amount. However, these damages must be proved to exist through extensive evidence, such as deposition testimony from the plaintiff's close friends and family members, medical records, and other expert witness testimony.

In cases where there are multiple defendants, courts will typically use the comparative fault rule to determine the amount of damages to be divided between them. The jury has to determine the percentage of fault each defendant is accountable for the incident, and divide the total damages awarded by the percentage. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are caused by drivers of cars or trucks. The method of determining if the presumption is permissive or not is complicated. The majority of the time the only way to prove that the owner refused permission for the driver to operate the vehicle can overrule the presumption.