trenton motor vehicle accident law firm Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The Defendant has the right to respond to the complaint.

New York follows pure comparative fault rules which means that when a jury finds that you are responsible for causing the accident the amount of damages awarded will be reduced by your percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant had the duty of care toward them. This duty is owed to all, but those who operate a vehicle have an even greater duty to other people in their field. This includes not causing accidents in motor vehicles.

In courtrooms the standard of care is established by comparing an individual's behavior against what a normal individual would do in the same circumstances. In the event of medical malpractice experts are typically required. Experts with a higher level of expertise of a specific area may also be held to the highest standards of care than other individuals in similar situations.

A person's breach of their duty of care may cause injury to a victim or their property. The victim must then establish that the defendant's breach of their duty caused the harm and damages they have suffered. The proof of causation is an essential element in any negligence case and requires looking at both the actual basis of the injury or damages, as well as the causal cause of the injury or damage.

If someone is driving through an intersection and fails to obey the stop sign, they could be hit by a car. If their car is damaged, they'll be responsible for the repairs. But the reason for the accident could be a cut on bricks, which later turn into a dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proven to win compensation in a personal injury case. A breach of duty happens when the actions of a party who is at fault are not in line with what reasonable people would do in similar circumstances.

A doctor, for instance, has a variety of professional obligations to his patients based on laws of the state and licensing boards. Motorists have a duty of care to other motorists and pedestrians on the road to drive in a safe manner and adhere to traffic laws. When a driver breaches this obligation of care and causes an accident, he is liable for the injuries sustained by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of the duty of care, and then prove that the defendant failed to meet that standard in his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also establish that the breach of duty by the defendant was the main cause of the injuries. It can be more difficult to prove this than a breach of duty. For example the defendant could have crossed a red light, however, the act wasn't the proximate cause of the crash. Causation is often contested in case of a crash by the defendants.

Causation

In havelock motor vehicle Accident lawsuit vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. For instance, if the plaintiff sustained neck injuries as a result of a rear-end collision and his or her lawyer could argue that the accident caused the injury. Other factors that are needed for the collision to occur, like being in a stationary car, are not culpable, and do not affect the jury's determination of the liability.

It can be difficult to establish a causal relationship between a negligent act, and the psychological issues of the plaintiff. It may be that the plaintiff has a troubled past, a poor relationship with their parents, or has abused alcohol or drugs.

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

Damages

The damages a plaintiff may recover in motor vehicle litigation include both economic and non-economic damages. The first type of damages comprises any financial expenses that can be easily added to calculate the sum of 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 recover non-economic damages like suffering and pain, as well as loss of enjoyment of life which cannot be reduced to a monetary amount. The damages must be proven with a large amount of evidence, such as depositions of family members or friends of the plaintiff or medical records, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine the proportion of damages awarded should be divided between them. The jury must determine the degree of fault each defendant was at fault for the accident and then divide the total damages awarded by that percentage of fault. New York law however, doesn't allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of those cars and trucks. The resulting analysis of whether the presumption that permissive use applies is complicated and usually only a convincing evidence that the owner specifically denied permission to operate the car will overcome it.