motor vehicle accident attorney Vehicle Litigation

If liability is contested and the liability is disputed, it is necessary to bring a lawsuit. The Defendant will then have the chance to respond to the complaint.

New York has a pure comparative negligence rule. This means that if a jury finds that you were at fault for an accident the amount of damages you will be reduced according to your percentage of fault. This rule does not apply to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant owed a duty of care towards them. This duty is due to all, but those who operate a vehicle have an even greater obligation to other people in their field. This includes not causing bossier city motor vehicle accident attorney vehicle accidents.

In courtrooms the standards of care are determined by comparing an individual's actions with what a normal person would do in the same conditions. This is why expert witnesses are frequently required in cases of medical malpractice. Experts with a higher level of expertise of a specific area may be held to a higher standard of care than other people in similar situations.

A breach of a person's duty of care may cause harm to the victim or their property. The victim is then required to establish that the defendant's breach of their duty led to the damage and injury they suffered. Causation is a key element of any negligence claim. It requires proving both the primary and motor vehicle accident attorney secondary causes of the injury and damages.

If a person is stopped at an intersection and fails to obey the stop sign, they could be struck by a vehicle. If their car is damaged, they will need to pay for repairs. The reason for a crash could be caused by a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved to obtain compensation in a personal injury claim. A breach of duty occurs when the actions of the at-fault party are not in line with what an ordinary person would do in similar circumstances.

For example, a doctor has several professional obligations to his patients based on state law and licensing boards. Drivers are required to care for other drivers and pedestrians, and adhere to traffic laws. If a motorist violates this obligation of care and results in an accident, he is accountable for the victim's injuries.

Lawyers can use the "reasonable people" standard to demonstrate that there is a duty of prudence and then show that the defendant did not meet this standard with his actions. It is a matter of fact that the jury has to decide if the defendant met the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the sole cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant might have walked through a red light but that's not the cause of the crash on your bicycle. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle accidents, the plaintiff must prove a causal link between defendant's breach and their injuries. If the plaintiff suffered neck injuries as a result of an accident that involved rear-end collisions, his or her attorney will argue that the incident was the reason for the injury. Other factors necessary to cause the collision, like being in a stationary car is not culpable and will not affect the jury's determination of the degree of fault.

It could be more difficult to establish a causal connection between an act of negligence and the psychological symptoms of the plaintiff. It could be the case that the plaintiff has a rocky past, has a difficult relationship with their parents, or is a user of drugs or alcohol.

It is essential to speak with an experienced attorney if you have been involved in a serious accident. The lawyers 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 developed relationships with independent physicians in a wide range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, and with private investigators.

Damages

In motor vehicle accident attorney vehicle litigation, a person can get both economic and non-economic damages. The first type of damages includes the costs of monetary value that can be easily added together and calculated into a total, such as medical treatments or lost wages, repair to property, and even the possibility of future financial loss, like a diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment of life cannot be reduced to financial value. However these damages must be established to exist with the help of extensive evidence, such as deposition testimony of the plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages award should be allocated between them. The jury must determine the proportion of fault each defendant carries for the accident, and divide the total amount of damages awarded by that percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of these vehicles and trucks. The process to determine if the presumption is permissive or not is complex. The majority of the time, only a clear demonstration that the owner refused permission to the driver to operate the vehicle can be able to overcome the presumption.