King Motor Vehicle Accident Attorney Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant will then be given the opportunity to respond to the complaint.

New York follows pure comparative fault rules which means that when a jury finds you to be at fault for causing the accident the amount of damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence lawsuit the plaintiff must show that the defendant was obligated to exercise reasonable care. This duty is owed to all, but those who operate a vehicle owe an even higher duty to others in their field. This includes ensuring that they don't cause west des moines motor vehicle accident law firm vehicle accidents.

In courtrooms the standards of care are determined by comparing an individual's conduct with what a normal person would do under similar situations. This is why expert witnesses are often required in cases involving medical malpractice. People who have superior knowledge in a specific field could also be held to an even higher standard of care than other individuals in similar situations.

If someone violates their duty of care, they could cause harm to the victim and/or their property. The victim must then establish that the defendant's breach of duty caused the injury and damages that they have suffered. Causation is an essential element of any negligence claim. It involves proving both the actual and proximate causes of the damages and injuries.

For instance, if a person runs a red stop sign, it's likely that they'll be struck by another car. If their car is damaged they will be responsible for repairs. The actual cause of a crash could be a brick cut that develops into an infection.

Breach of Duty

A breach of duty by a defendant 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 is when the actions taken by the at-fault person are insufficient to what a normal person would do in similar circumstances.

A doctor, for instance, king motor vehicle accident attorney has several professional obligations to his patients based on the law of the state and licensing boards. Motorists are required to show care to other motorists and pedestrians on the road to drive in a safe manner and adhere to traffic laws. If a motorist violates this obligation of care and causes an accident, he is responsible for the injuries suffered by the victim.

A lawyer can use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then demonstrate that the defendant failed to satisfy the standard through his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also establish that the breach of duty of the defendant was the primary cause for the injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light but that wasn't what caused the crash on your bicycle. Because of this, causation is often challenged by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. For instance, if the plaintiff suffered a neck injury from a rear-end collision, his or her lawyer might argue that the collision was the cause of the injury. Other factors necessary to cause the collision, such as being in a stationary car is not culpable and will not influence the jury's determination of the cause of the accident.

It may be harder to establish a causal connection between a negligent act, and the psychological issues of the plaintiff. It could be because the plaintiff has a troubled background, a strained relationship with their parents, or has abused alcohol or drugs.

If you have been in a serious motor vehicle crash, it is important to speak with an experienced attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, and motor vehicle crash cases. Our lawyers have formed working relationships with independent physicians in a variety of specialties, as well as expert witnesses in computer simulations and accident reconstruction.

Damages

In falls church motor vehicle accident law firm vehicle litigation, a plaintiff could be able to recover both economic and noneconomic damages. The first type of damages includes any monetary costs that can be easily added to calculate a total, for example, medical expenses and lost wages, property repair and even future financial losses, like a decrease in earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of life are not able to be reduced to money. These damages must be proved with a large amount of evidence, such as depositions from family members and friends of the plaintiff or medical records, or other expert witness testimony.

In the event of multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of damages to be split between them. The jury has to determine the percentage of blame each defendant is accountable for the incident and then divide the total amount of damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of those cars and trucks. The resulting analysis of whether the presumption that permissive use applies is complex and usually only a clear showing that the owner has explicitly denied permission to operate the car will be sufficient to overcome it.