Motor Vehicle Litigation

When a claim for liability is litigated and the liability is disputed, it is necessary to file a lawsuit. The defendant is entitled to respond to the complaint.

New York follows pure comparative fault rules, which means that when a jury finds you to be the cause of a crash the amount of damages awarded will be reduced by your percentage of negligence. This rule does not apply to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a negligence lawsuit the plaintiff must show that the defendant owed them a duty to act with reasonable care. The majority of people owe this obligation to everyone else, however those who are behind the car have an even higher duty to other people in their field of activity. This includes ensuring that they do not cause motor vehicle accidents.

In courtrooms, the standard of care is established by comparing an individual's actions against what a normal individual would do in the same circumstances. Expert witnesses are frequently required in cases involving medical malpractice. Experts with more experience in a certain field may be held to a greater standard of care.

A breach of a person's duty of care can cause harm to the victim or their property. The victim has to show that the defendant violated their duty of care and caused the injury or damage they sustained. Causation proof is a crucial element in any negligence case and involves considering both the actual cause of the injury or damages as well as the cause of the injury or damage.

If someone runs the stop sign it is likely that they will be struck by a vehicle. If their car is damaged they'll be accountable for repairs. The reason for a crash could be a brick cut which develops into an infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that needs to be proved in order to secure compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the person at fault fall short of what a normal person would do in similar circumstances.

For instance, a doctor has many professional obligations to his patients. These obligations stem from the law of the state and licensing bodies. Motorists have a duty of care to other drivers and pedestrians on the road to drive safely and obey traffic laws. Any driver who fails to adhere to this duty and creates an accident is accountable for the victim's injuries.

A lawyer can rely on the "reasonable people" standard to prove that there is a duty of care and then show that defendant did not meet this standard with his actions. It is a matter of fact that the jury has to decide if the defendant fulfilled the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. For instance it is possible that a defendant crossed a red light, but the action wasn't the main cause of the crash. The issue of causation is often challenged in crash cases by defendants.

Causation

In shakopee motor vehicle accident law firm vehicle accidents, lawsuit the plaintiff must prove a causal link between the breach of the defendant and the injuries. If the plaintiff suffered an injury to the neck in a rear-end collision, his or her attorney would argue that the collision caused the injury. Other elements that are required to produce the collision, like being in a stationary vehicle, are not culpable, and do not affect the jury's determination of liability.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff suffered from a an uneasy childhood, a bad relationship with their parents, experimented with alcohol and drugs, or suffered prior unemployment could have a influence on the severity of the psychological issues he or suffers from following an accident, but courts typically look at these factors as an element of the background conditions that caused the accident in which the plaintiff arose rather than an independent reason for the injuries.

If you've been involved in a serious motor vehicle crash It is imperative to consult with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have formed relationships with independent physicians across a variety of specialties including expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

The damages plaintiffs can claim in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages is any monetary costs that can be easily added to calculate an amount, like medical expenses and lost wages, property repairs, and even future financial losses like diminished earning capacity.

New York law also recognizes the right to recover non-economic damages like suffering and pain, as well as loss of enjoyment of life which cannot be reduced to a monetary amount. These damages must be proved through extensive evidence like depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine the proportion of damages awarded should be split between them. The jury must decide the percentage of blame each defendant is responsible for the incident and then divide the total damages awarded by the percentage. New York law however, doesn't allow this. 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries caused by drivers of cars or trucks. The process to determine if the presumption of permissiveness is complicated. Most of the time it is only a clear evidence that the owner refused permission to the driver to operate the vehicle will overrule the presumption.