Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. 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 responsible for the accident the amount of damages awarded will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was bound by a duty of care towards them. This duty is owed by everyone, but those who operate a vehicle have an even higher duty to other people in their field. This includes ensuring that they don't cause accidents with motor vehicle accident vehicles.

In courtrooms the standard of care is established by comparing the actions of an individual with what a normal person would do under similar circumstances. In the event of medical negligence, expert witnesses are usually required. Experts who have a greater understanding of specific fields could be held to a greater standard of treatment.

A breach of a person's duty of care can cause injury to a victim or their property. The victim then has to prove that the defendant breached their duty of care and caused the injury or damages they sustained. Causation is a crucial element of any negligence claim. It requires proof of both the actual and proximate causes of the damages and injuries.

For instance, if a person runs a red stop sign and is stopped, they'll be struck by a vehicle. If their vehicle is damaged, they'll be responsible for repairs. The cause of a crash could be caused by a brick cut that develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. The breach of duty must be proved for compensation for personal injury claims. A breach of duty occurs when the actions of the at-fault party are not in line with what a normal person would do under similar circumstances.

A doctor, for instance, has a number of professional obligations to his patients that are derived from the law of the state and licensing authorities. Motorists have a duty of care to other drivers and pedestrians on the road to drive safely and obey traffic laws. If a driver violates this obligation of care and results in an accident, he is liable for the injuries suffered by the victim.

Lawyers can use the "reasonable people" standard to prove that there is a duty of caution and Motor vehicle accident law firms then demonstrate that defendant did not adhere to this standard with his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also demonstrate that the defendant's negligence was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have run through a red light but that's not the cause of your bicycle accident. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. If the plaintiff sustained neck injuries as a result of a rear-end accident, his or her attorney will argue that the incident was the reason for the injury. Other factors that are needed 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 is possible to establish a causal relationship between an act of negligence and the psychological issues of the plaintiff. The fact that the plaintiff suffered from a an unhappy childhood, a poor relationship with their parents, was a user of drugs and alcohol or experienced previous unemployment may have some influence on the severity the psychological issues suffers following an accident, but courts typically consider these factors as part of the circumstances from which the plaintiff's accident arose rather than an independent cause of the injuries.

It is essential to speak with an experienced attorney if you have been 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 law firm vehicle crash cases. Our lawyers have built working relationships with independent doctors in many specialties, as well as experts in computer simulations as well as reconstruction of accidents.

Damages

In Motor Vehicle Accident law Firms vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first type of damages is any monetary costs that can be easily added to calculate an amount, like medical treatment or lost wages, property repair and even future financial losses, like a diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, including suffering and pain, as well as loss of enjoyment, which cannot be reduced to a dollar amount. These damages must be established by a wide array of evidence, including depositions of family members and friends of the plaintiff, medical records, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the damages award should be allocated between them. The jury must determine the amount of fault each defendant incurred in the accident and then divide the total damages award by the percentage of blame. 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 process to determine if the presumption is permissive or not is complex. Typically there is only a clear proof that the owner did not grant permission for the driver to operate the vehicle can overrule the presumption.