jenkintown motor vehicle accident Lawyer Vehicle Litigation

If the liability is challenged in court, it becomes necessary to bring a lawsuit. The defendant will then be given the opportunity to respond to the complaint.

New York follows pure comparative fault rules which means that in the event that a jury finds that you are responsible for causing the crash, your damages award will be reduced by your percentage of negligence. 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 lawsuit, the plaintiff must prove that the defendant owed them a duty to exercise reasonable care. This duty is owed to everyone, but people who operate vehicles owe an even greater obligation to other drivers in their field. This includes not causing accidents in motor vehicles.

In courtrooms the quality of care is determined by comparing an individual's behavior with what a typical person would do in the same situations. This is why expert witnesses are frequently required in cases of medical malpractice. Experts who have a greater understanding of specific fields could be held to a greater standard of treatment.

When someone breaches their duty of care, they could cause harm to the victim and/or their property. The victim must demonstrate that the defendant did not fulfill their duty and caused the harm or damage they sustained. Causation is a crucial element of any negligence claim. It involves proving both the proximate and real causes of the injury and damages.

For instance, if a driver runs a red light then it's likely that they'll be struck by a car. If their vehicle is damaged, they'll be responsible for the repairs. The reason for the crash might be a cut on the brick, which then develops into a deadly infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that needs to be proved in order to receive compensation in a personal injury suit. A breach of duty occurs when the actions of the at-fault party do not match what an ordinary person would do under similar circumstances.

A doctor, for instance, has a number of professional obligations towards his patients that are derived from laws of the state and licensing bodies. Motorists owe a duty care to other drivers and pedestrians to drive safely and observe traffic laws. If a motorist violates this obligation of care and results in an accident, the driver is responsible for the injury suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of a duty of care and then demonstrate that the defendant failed to meet the standard in his actions. It is a matter of fact for the jury to decide whether the defendant fulfilled the standard or not.

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

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffers a neck injury in an accident with rear-end damage, his or her attorney will argue that the crash was the cause of the injury. Other elements that could have caused the collision, like being in a stationary car are not culpable and will not affect the jury's decision on the degree of fault.

It could be more difficult to establish a causal relationship between a negligent action and the plaintiff's psychological symptoms. It could be the case that the plaintiff has had a difficult background, a strained relationship with their parents, or has used alcohol or drugs.

It is imperative to consult an experienced attorney when you've been involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent medical professionals with a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages that plaintiffs can seek in a newport motor vehicle accident attorney vehicle case include both economic and non-economic damages. The first type of damages includes any monetary costs that can be easily added to calculate a sum, such as medical expenses or lost wages, property repair and even future financial losses, like a decrease in earning capacity.

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

In the event of multiple defendants, courts typically employ comparative fault rules to determine the amount of total damages to be split between them. This requires the jury to determine how much responsibility each defendant incurred in the incident and then divide the total damages award by that percentage of fault. New York law however, does not permit this. 1602 excludes vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of cars or trucks. The process to determine if the presumption is permissive is complicated. The majority of the time the only way to prove that the owner denied permission to the driver to operate the vehicle can overrule the presumption.