Motor Vehicle Litigation

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

New York has a pure comparative negligence rule. This means that, in the event that a jury determines that you are responsible for an accident the amount of damages you will be reduced based on your percentage of blame. 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 has to prove that the defendant owed a duty of care towards them. Nearly everyone owes this obligation to everyone else, however individuals who get behind the wheel of a motor vehicle are obligated to others in their area of activity. This includes ensuring that there are no accidents in motor vehicles.

In courtrooms, the standard of care is determined by comparing the actions of an individual with what a normal person would do in similar conditions. This is why expert witnesses are often required when cases involve medical malpractice. Experts with a superior understanding of the field could be held to a greater standard of medical care.

A person's breach of their duty of care can cause harm to the victim or their property. The victim must then show that the defendant's infringement of their duty caused the harm and damages they suffered. The proof of causation is an essential aspect of any negligence claim which involves considering both the actual basis of the injury or damages and the proximate cause of the damage or injury.

For instance, if someone runs a red stop sign then it's likely that they will be hit by another car. If their car is damaged, they will need to pay for repairs. But the reason for the crash could be a cut from bricks that later develop into a potentially dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. It must be proven in order to be awarded compensation for personal injury claims. A breach of duty occurs when the at-fault party's actions do not match what a reasonable 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. Drivers have a duty to take care of other drivers as well as pedestrians, and to respect traffic laws. If a driver fails to comply with this duty of care and results in an accident, he is responsible for the injuries suffered by the victim.

Lawyers can use the "reasonable individuals" standard to establish that there is a duty of prudence and then show that the defendant did not comply with this standard with 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 demonstrate that the breach by the defendant was the primary cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For example it is possible that a defendant crossed a red line, but the action was not the primary reason for your bicycle crash. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. If the plaintiff suffered a neck injury in an accident that involved rear-end collisions then his or her attorney will argue that the crash was the cause of the injury. Other factors that contributed to the collision, like being in a stationary car is not culpable and will not impact the jury's determination of fault.

It can be difficult to establish a causal relationship between a negligent act, and the psychological symptoms of the plaintiff. It may be the case that the plaintiff has had a difficult past, a poor relationship with their parents, or has been a user of drugs or alcohol.

If you have been in a serious motor vehicle crash it is essential to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accident commercial and business litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in different areas of expertise as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

In cheyenne motor vehicle accident law firm vehicle litigation, a plaintiff could recover both economic and noneconomic damages. The first category of damages includes any monetary costs that can be easily added up and calculated as a total, for example, medical treatment, lost wages, property repair and even future financial losses, like a diminished earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment can't be reduced to monetary value. However these damages must be established to exist through extensive evidence, Vimeo including deposition testimony from the plaintiff's close family members and friends medical records, deposition testimony, and other expert witness testimony.

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages awarded should be split between them. The jury must determine the amount of fault each defendant has for the accident, and divide the total damages awarded by that percentage. New York law however, doesn't allow this. 1602 does not exempt vehicle owners from the comparative negligence rule in the event of injuries sustained by drivers of cars or trucks. The process to determine if the presumption is permissive is complex. The majority of the time it is only a clear evidence that the owner denied permission to the driver to operate the vehicle will be sufficient to overturn the presumption.