Motor Vehicle Litigation

If liability is contested, it becomes necessary to start a lawsuit. The defendant then has the opportunity to respond to the complaint.

New York follows pure comparative fault rules which means that if the jury finds you to be the cause of the accident the amount of damages awarded will be reduced by the 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 must show that the defendant was obligated to act with reasonable care. This duty is due to everyone, but people who operate vehicles owe an even greater obligation to other people in their field. This includes not causing accidents with Motor Vehicle Accident Law Firms vehicles.

In courtrooms, the standards of care are determined by comparing an individual's actions against what a normal individual would do in similar circumstances. This is why expert witnesses are often required in cases involving medical malpractice. Experts with a superior understanding of specific fields could be held to a greater standard of treatment.

If a person violates their duty of care, it could cause harm to the victim and/or their property. The victim is then required to demonstrate that the defendant did not fulfill their duty and caused the injury or damages they sustained. Causation is an important part of any negligence claim. It requires proving both the primary and secondary causes of the injury and damages.

If a driver is caught running an stop sign then they are more likely to be hit by a car. If their car is damaged, they'll need to pay for repairs. The reason for the crash might be a cut on bricks that later develop into a dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proven to win compensation in a personal injury case. A breach of duty is when the actions of the at-fault person fall short of what a normal person would do under similar circumstances.

A doctor, for example has a variety of professional obligations to his patients. These professional obligations stem from the law of the state and licensing authorities. Drivers are obliged to care for other drivers as well as pedestrians, and to respect traffic laws. If a driver violates this duty and causes an accident is responsible for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then prove that the defendant did not 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 primary cause for the injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant might have walked through a red light however, that's not the reason for the accident on your bicycle. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. If the plaintiff sustained a neck injury in an accident with rear-end damage then his or her attorney would argue that the collision caused the injury. Other elements that could have caused the collision, such as being in a stationary vehicle is not culpable and will not impact the jury’s determination of fault.

It can be difficult to establish a causal link between a negligent action and the plaintiff's psychological problems. It may be because the plaintiff has a rocky past, has a difficult relationship with their parents, or is a user of drugs or alcohol.

It is crucial to consult an experienced lawyer if you have been involved in a serious accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation, and motor vehicle crash cases. Our lawyers have formed relationships with independent physicians with a variety of specialties, expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

In motor vehicle accident lawyer vehicle litigation, a plaintiff could be able to recover both economic and noneconomic damages. The first category of damages is the costs of monetary value that can be easily added together and calculated into a total, for example, medical treatments, lost wages, Motor vehicle accident law firms repairs to property, and even future financial loss, for instance diminished earning capacity.

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

In cases where there are multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the total damages award should be allocated between them. This requires the jury to determine the degree of fault each defendant had for the incident and then divide the total damages awarded by that percentage of fault. However, New York law 1602 disqualifies vehicle owners from the rule of comparative negligence in cases where injuries are sustained by the drivers of cars or trucks. The process of determining whether the presumption of permissiveness is complex. Most of the time it is only a clear evidence that the owner denied permission to the driver to operate the vehicle will overrule the presumption.