Motor Vehicle Litigation

If liability is contested in court, it becomes 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, if a jury finds you to be responsible for an accident and you are found to be at fault, your damages will be reduced according to your percentage of blame. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence case the plaintiff has to prove that the defendant was obligated to exercise reasonable care. Almost everybody owes this duty to everyone else, however those who sit behind the steering wheel of a san luis motor vehicle accident lawsuit vehicle are obligated to the people in their area of operation. This includes ensuring that they do not cause accidents with dos palos motor vehicle accident law firm vehicles.

In courtrooms the standard of care is determined by comparing an individual's actions with what a normal person would do in similar situations. In the case of medical malpractice expert witnesses are typically required. People who have superior knowledge in a specific field could be held to the highest standards of care than others in similar situations.

A person's breach of their duty of care may cause harm to the victim or their property. The victim has to demonstrate that the defendant did not fulfill their duty of care and caused the injury or damages they suffered. Proving causation is an essential aspect of any negligence case and involves considering both the actual basis of the injury or damages, as well as the causal reason for the injury or damage.

If someone runs an intersection it is likely that they will be struck by a vehicle. If their car is damaged, they will have to pay for the repairs. The reason for the crash could be a brick cut that causes an infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that needs to be proved to obtain compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault aren't in line with what an average person would do in similar circumstances.

A doctor, for instance has a variety of professional obligations to his patients. These obligations stem from the law of the state and licensing bodies. Motorists owe a duty care to other drivers and pedestrians on the road to be safe and follow traffic laws. Any driver who fails to adhere to this obligation and causes an accident is accountable for the injuries sustained by the victim.

A lawyer can use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then demonstrate that the defendant failed to meet that standard in his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also demonstrate that the defendant's breach was the direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant could have run through a red light but that's not what caused the crash on your bicycle. 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 the injuries. If a plaintiff suffered neck injuries as a result of an accident with rear-end damage, his or her attorney would argue that the collision was the cause of the injury. Other elements that are required to cause the collision, like being in a stationary vehicle are not culpable and will not affect the jury's decision of liability.

It could be more difficult to prove a causal link between an act of negligence and the plaintiff's psychological symptoms. It may be because the plaintiff has a troubled past, has a difficult relationship with their parents, or has abused drugs or alcohol.

It is essential to speak with an experienced attorney in the event that you've been involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident as well as business and commercial litigation, and personal injury cases. Our lawyers have formed working relationships with independent physicians in a range of specialties, expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

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

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

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine how much of the total damages award should be allocated between them. This requires the jury to determine the degree of fault each defendant was responsible for the incident and then divide the total damages award by that percentage of fault. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of trucks or cars. The analysis to determine whether the presumption of permissiveness is complicated. Typically there is only a clear proof that the owner denied permission to the driver to operate the vehicle will be able to overcome the presumption.