Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The Defendant will then have the chance to respond to the complaint.

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

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant had an obligation of care to them. Most people owe this duty to everyone else, however individuals who get behind the driving wheel of a motorized vehicle have a greater obligation to others in their area of operation. This includes not causing motor vehicle accidents.

Courtrooms assess an individual's actions to what a typical individual would do under similar circumstances to determine what constitutes a reasonable standard of care. In the event of medical malpractice, expert witnesses are usually required. Experts with a superior understanding of the field could be held to a higher standard of care.

If a person violates their duty of care, they could cause harm to the victim and/or Vimeo their property. The victim is then required to show that the defendant's infringement of their duty caused the damage and injury they have suffered. Causation proof is a crucial aspect of any negligence claim, and it involves looking at both the actual causes of the injury damages as well as the proximate reason for the damage or injury.

If a driver is caught running an stop sign, they are likely to be struck by another vehicle. If their car is damaged they'll be responsible for repairs. The reason for an accident could be a brick cut which develops into an infection.

Breach of Duty

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

For instance, a doctor is a professional with a range of professional obligations towards his patients, which stem from the law of the state and licensing authorities. Motorists owe a duty care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. When a driver breaches this duty of care and causes an accident, he is liable for the injuries sustained by the victim.

A lawyer can use "reasonable people" standard to establish that there is a duty of prudence and then show that defendant did not meet this standard in his conduct. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also prove that the breach of duty by the defendant was the main cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For example it is possible that a defendant crossed a red line, but it's likely that his or her actions wasn't the main cause of the crash. The issue of causation is often challenged in cases of crash by defendants.

Causation

In pell city motor vehicle accident lawsuit vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. For example, if the plaintiff suffered neck injuries as a result of an accident that involved rear-ends and his or her lawyer could argue that the collision was the cause of the injury. Other elements that are required for the collision to occur, such as being in a stationary vehicle, are not culpable, and do not affect the jury's determination of liability.

It could be more difficult to establish a causal link between a negligent act and the plaintiff's psychological problems. It may be the case that the plaintiff has had a difficult past, has a bad relationship with their parents, or has been a user of alcohol or drugs.

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

Damages

In motor vehicle litigation, a plaintiff may be able to recover both economic and noneconomic damages. The first type of damages includes any monetary costs that can easily be added up and calculated as a sum, such as medical expenses or lost wages, property repair, and even future financial losses, like a decrease in earning capacity.

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

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages awarded should be divided between them. The jury must determine the amount of fault each defendant incurred in the accident, and then divide the total amount of damages by that percentage of fault. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in the event of injuries caused by drivers of trucks or cars. The analysis to determine whether the presumption is permissive is complex. The majority of the time the only way to prove that the owner was not able to grant permission to the driver to operate the vehicle can be sufficient to overturn the presumption.