Motor Vehicle Litigation

A lawsuit is required when liability is contested. The defendant has the right to respond to the Complaint.

New York follows pure comparative fault rules, which means that should a jury find you to be the cause of the crash, your damages award will be reduced by the percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant was bound by an obligation of care to them. Most people owe this duty to everyone else, however those who are behind the steering wheel of a motor vehicle have a higher obligation to others in their area of activity. This includes not causing accidents in skokie motor vehicle accident law firm vehicles.

In courtrooms the quality of care is determined by comparing the actions of an individual with what a typical person would do in the same circumstances. In the case of medical malpractice expert witnesses are typically required. Experts with a superior understanding of specific fields could be held to a higher standard of treatment.

A breach of a person's duty of care may cause injury to a victim or their property. The victim is then required to establish that the defendant's breach of their duty resulted in the injury and damages that they suffered. Causation is an essential element of any negligence claim. It requires proving both the proximate and actual causes of the damage and injury.

For instance, if a person is stopped at a red light there is a good chance that they will be hit by a vehicle. If their car is damaged, they will be required to pay for repairs. The cause of a crash could be a brick cut that develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. The breach of duty must be proved for compensation in a personal injury case. A breach of duty happens when the at-fault party's actions do not match what an average person would do in similar circumstances.

For instance, a doctor has several professional obligations to his patients that are governed by laws of the state and licensing boards. Drivers are required to be considerate of other drivers and pedestrians, and respect traffic laws. If a motorist violates this obligation of care and results in an accident, he is accountable for the injuries suffered by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then prove that the defendant failed to meet the standard in his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also prove that the breach of duty by the defendant was the main cause of his or her injuries. It can be more difficult to prove this than a breach of duty. A defendant could have driven through a red light but that's not what caused the bicycle accident. Causation is often contested in crash cases by defendants.

Causation

In gainesville motor vehicle accident lawsuit vehicle accidents, the plaintiff must prove a causal link between breach of the defendant and their injuries. For instance, if the plaintiff suffered an injury to his neck in an accident that involved rear-ends and their lawyer will argue that the collision was the cause of the injury. Other factors that contributed to the collision, like being in a stationary vehicle are not culpable and will not influence the jury's decision to determine the degree of fault.

It could be more difficult to establish a causal relationship between a negligent action and the plaintiff's psychological symptoms. It could be because the plaintiff has had a difficult past, has a bad relationship with their parents, or is a user of drugs or alcohol.

It is imperative to consult an experienced lawyer should you be involved in a serious chino motor vehicle accident law firm vehicle accident. The lawyers at Arnold & Clifford, LLP, skokie motor vehicle accident law firm have extensive experience in representing clients in personal injury commercial and business litigation, and motor vehicle crash cases. Our lawyers have established working relationships with independent doctors in a wide range of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

In motor vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first category of damages encompasses the costs of monetary value that can easily be summed up and calculated as the total amount, which includes medical treatments as well as lost wages, repairs to property, and even the possibility of future financial loss, such loss of earning capacity.

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

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages that must be divided between them. The jury must determine the proportion of fault each defendant has for the accident and then divide the total damages awarded by the percentage. New York law however, doesn't allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries sustained by drivers of cars or trucks. The process of determining whether the presumption is permissive or not is complicated. In general there is only a clear proof that the owner denied permission to the driver to operate the vehicle can overcome the presumption.