Motor Vehicle Litigation

A lawsuit is required when liability is in dispute. The Defendant has the right to respond to the Complaint.

New York follows pure comparative fault rules, which means that in the event that a jury finds you responsible for an accident the amount of damages awarded will be reduced by the 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 show that the defendant had a duty of care towards them. This duty is due to everyone, but those who operate a vehicle have an even higher duty to other drivers in their field. This includes ensuring that there are no accidents in motor 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 situations. In cases of medical malpractice expert witnesses are typically required. Experts who have a superior understanding in a particular field may be held to an higher standard of care than others in similar situations.

When someone breaches their duty of care, it could cause damage to the victim as well as their property. The victim is then required to prove that the defendant acted in breach of their duty of care and caused the injury or damages they suffered. Causation is an essential element of any negligence claim. It involves proving the proximate and actual causes of the injuries and damages.

If someone is driving through a stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their car is damaged, they'll need to pay for repairs. However, the real cause of the crash might be a cut in a brick that later develops into a deadly infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that needs to be proven to win compensation in a personal injury suit. A breach of duty occurs when the actions of the at-fault party fall short of what an ordinary person would do under similar circumstances.

For example, a doctor has several professional obligations to his patients stemming from state law 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 motorist violates this obligation of care and results in an accident, he is responsible for the injuries suffered by the victim.

A lawyer can rely on the "reasonable individuals" standard to prove that there is a duty of caution and then show that the defendant did not meet the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also establish that the breach of duty of the defendant was the main cause of his or her injuries. This can be more difficult to prove than the existence of a duty or breach. For example an individual defendant could have crossed a red light, but his or her action was not the sole reason for your bicycle crash. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If the plaintiff sustained neck injuries in a rear-end collision, his or her attorney would argue that the accident caused the injury. Other factors that are needed in causing the collision such as being in a stationary vehicle, are not culpable, and do not affect the jury's determination of liability.

For psychological injuries However, the connection between a negligent act and an injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff suffered from a a troubled childhood, poor relationship with his or her parents, experimented with alcohol and drugs, or suffered previous unemployment may have some influence on the severity the psychological issues suffers following an accident, however, the courts generally view these factors as an element of the background conditions that caused the accident resulted rather than an independent reason for the injuries.

It is imperative to consult an experienced lawyer if you have been involved in a serious safford motor vehicle accident law firm accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, as well as grafton Motor vehicle accident lawsuit vehicle accident cases. Our lawyers have developed working relationships with independent physicians in a variety of specialties, as well experts in computer simulations and reconstruction of accident.

Damages

The damages a plaintiff may recover in rumson motor vehicle accident lawyer vehicle litigation can include both economic and non-economic damages. The first type of damages is any monetary costs that are easily added up and calculated as a total, for example, medical expenses or lost wages, property repair, and even future financial losses like diminished earning capacity.

New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment of life are not able to be reduced to monetary value. However, these damages must be proved to exist through extensive evidence, including deposition testimony from plaintiff's close family members and friends, medical records, and other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages awarded should be divided between them. The jury must determine the proportion of fault each defendant carries for the accident, and divide the total damages awarded by the percentage. However, New York law 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of trucks or cars. The method of determining if the presumption is permissive is complicated. Most of the time, only a clear demonstration that the owner did not grant permission for the driver to operate the vehicle can overrule the presumption.