Motor Vehicle Litigation

A lawsuit is necessary when liability is in dispute. 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 you to be responsible for an accident the amount of damages you will be reduced according to your percentage of fault. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors.

Duty of Care

In a negligence case the plaintiff must show that the defendant owed them a duty to exercise reasonable care. This duty is owed to everyone, but people who operate a vehicle owe an even greater obligation to other drivers in their field. This includes ensuring that they don't cause accidents in motor vehicles.

In courtrooms the standards of care are determined by comparing the actions of an individual with what a normal person would do in the same conditions. In the case of medical malpractice, expert witnesses are usually required. Experts with more experience in a certain field may be held to a greater standard of treatment.

When someone breaches their duty of care, they could cause injury to the victim or their property. The victim is then required to establish that the defendant's breach of duty caused the damage and injury they suffered. Causation is an important part of any negligence claim. It requires proof of both the actual and proximate causes of the injuries and damages.

If a person is stopped at a stop sign and fails to obey the stop sign, they could be hit by a car. If their vehicle is damaged, motor Vehicle accident attorney they will be responsible for the repairs. The actual cause of a crash could be caused by a brick cut that develops into an infection.

Breach of Duty

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

For instance, a doctor has several professional duties to his patients that are governed by the law of the state and licensing boards. Motorists have a duty of care to other drivers and pedestrians on the road to drive safely and observe traffic laws. If a driver fails to comply with this duty of care and creates an accident, he is liable for the injuries sustained by the victim.

Lawyers can use the "reasonable people" standard to establish that there is a duty of prudence and then demonstrate that defendant did not comply with this standard in his actions. It is a question of fact that the jury has to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the primary cause of his or her injuries. This can be more difficult to prove than the existence of a duty or breach. For instance, a defendant may have run a red light but the action was not the primary cause of your bicycle crash. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle accident lawsuit vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. For instance, if a plaintiff sustained neck injuries as a result of an accident that involved rear-ends and their lawyer would claim that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary car is not culpable and will not affect the jury’s determination of the fault.

For psychological injuries However, the connection between an act of negligence and an injured plaintiff's symptoms may be more difficult to establish. It could be the case that the plaintiff has had a difficult background, a strained relationship with their parents, or has abused alcohol or drugs.

It is essential to speak with an experienced lawyer should you be involved in a serious accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation and motor Vehicle accident attorney vehicle accident cases. Our lawyers have established working relationships with independent physicians with a variety of specialties, expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle accident lawyers vehicle litigation, a plaintiff could get both economic and non-economic damages. The first type of damages covers all monetary costs which are easily added together and calculated as an overall amount, including medical expenses and motor vehicle Accident Attorney lost wages, repairs to property, and even financial loss, for instance a diminished earning capacity.

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

In the event of multiple defendants, courts will typically employ comparative fault rules to determine the amount of total damages that should be divided between them. The jury will determine the amount of fault each defendant is accountable for the incident and then divide the total amount of damages awarded by that percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are sustained by the drivers of trucks or cars. The method of determining if the presumption is permissive is complicated. Most of the time there is only a clear proof that the owner was not able to grant permission for the driver to operate the vehicle can overrule the presumption.