los Lunas motor vehicle accident lawyer Vehicle Litigation

If liability is contested and the liability is disputed, it is necessary to bring a lawsuit. The defendant has the option to respond to the Complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you to be the cause of a crash, your damages award will be reduced by your percentage of negligence. This rule is not applicable to the owners of vehicles that are which are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must prove that the defendant owed the duty of care towards them. This duty is due to all, but those who drive a vehicle owe an even higher duty to others in their field. This includes not causing accidents in motor vehicles.

In courtrooms the quality of care is determined by comparing an individual's conduct to what a normal person would do under similar situations. In the case of medical malpractice, expert witnesses are usually required. Experts with a superior understanding of the field could be held to a higher standard of care.

A breach of a person's obligation of care can cause harm to a victim, or their property. The victim has to prove that the defendant's breach of their duty led to the injury and damages that they have suffered. Causation is a crucial element of any negligence claim. It involves proving the actual and proximate causes of the injury and damages.

If someone runs an intersection it is likely that they will be struck by another vehicle. If their car is damaged they'll be responsible for the repairs. However, the real cause of the accident could be a cut from a brick that later develops into a serious infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that must be proved in order to secure compensation in a personal injury case. A breach of duty is when the actions of the person at fault do not match what a normal person would do under similar circumstances.

For instance, a doctor has several professional obligations to his patients, arising from the law of the state and licensing boards. Drivers are bound to take care of other drivers as well as pedestrians, and to obey traffic laws. A driver who breaches this duty and creates an accident is accountable for the injuries of the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of a duty of care and then show that the defendant did not meet that standard in his actions. The jury will decide if the defendant complied with or did not meet the standards.

The plaintiff must also prove that the defendant's breach of duty was the primary cause of the 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 however, that's not the reason for the bicycle accident. This is why the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle accidents, the plaintiff must establish a causal link between breach by the defendant and their injuries. If a plaintiff suffers neck injuries in an accident that involved rear-end collisions and his or her attorney will argue that the incident caused the injury. Other factors that are essential to cause the collision, like being in a stationary vehicle, are not culpable, and do not affect the jury's determination of the liability.

For psychological injuries However, the connection between a negligent act and the affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff has a an uneasy childhood, a bad relationship with their parents, was a user of alcohol and drugs, or suffered previous unemployment may have some influence on the severity of the psychological issues he or is suffering from following an accident, however, the courts typically view these elements as part of the background circumstances that caused the accident arose rather than an independent reason for the injuries.

It is imperative to consult an experienced attorney should you be involved in a serious motor vehicle accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have built working relationships with independent physicians in various specialties, as well experts in computer simulations and accident reconstruction.

Damages

In union beach motor vehicle accident lawsuit vehicle litigation, a plaintiff could be able to recover both economic and noneconomic damages. The first type of damages covers any monetary costs that can easily be added up and calculated as a sum, such as medical treatment and lost wages, property repair, and even future financial losses such as diminished earning capacity.

New York law also recognizes the right to recover non-economic damages like pain and suffering as well as loss of enjoyment, which cannot be reduced to a dollar amount. The proof of these damages is through extensive evidence such as depositions of family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages awarded should be split between them. This requires the jury to determine how much fault each defendant incurred in the accident, and then divide the total damages awarded by that percentage of fault. New York law however, does not permit this. 1602 does not exempt vehicle owners from the rule of comparative negligence in cases where injuries are sustained by the drivers of trucks or cars. The subsequent analysis of whether the presumption that permissive use is applicable is a bit nebulous, and typically only a clear evidence that the owner explicitly refused permission to operate the car will be sufficient to overcome it.