Motor Vimeo.Com Vehicle Litigation

A lawsuit is necessary when liability is contested. The Defendant has the right to respond to the Complaint.

New York follows pure comparative fault rules which means that should a jury find you responsible for a crash the damages awarded will be reduced by your percentage of negligence. There is one 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 has to prove that the defendant owed the duty of care towards them. This duty is owed by everyone, but those who operate a vehicle have an even greater duty to others in their field. This includes ensuring that there are no accidents in markham motor vehicle accident law firm vehicles.

Courtrooms examine an individual's conduct with what a normal person would do under similar circumstances to determine an acceptable standard of care. In the event of medical malpractice experts are often required. People who have superior knowledge of a specific area may also be held to a higher standard of care than other individuals in similar situations.

If a person violates their duty of care, it can cause damage to the victim as well as their property. The victim has to demonstrate that the defendant's violation of their duty led to the injury and damages that they suffered. Proving causation is an essential part of any negligence case and involves taking into consideration both the real causes of the injury damages, as well as the causal reason for the injury or damage.

For example, if someone is stopped at a red light then it's likely that they will be hit by a vehicle. If their vehicle is damaged, they will be required to pay for repairs. The reason for the accident could be a cut from bricks that later develop into a serious infection.

Breach of Duty

The second element of negligence is the breach of duty committed by a defendant. This must be proved in order to obtain compensation for personal injury claims. A breach of duty occurs when the actions of the at-fault person do not match what an ordinary person would do under similar circumstances.

A doctor, for instance has a variety of professional duties towards his patients, which stem from state law and licensing bodies. Motorists owe a duty care to other motorists and pedestrians on the road to drive safely and observe traffic laws. When a driver breaches this duty of care and results in an accident, the driver is liable for the victim's injuries.

A lawyer can rely on the "reasonable individuals" standard to show that there is a duty to be cautious and then prove that the defendant failed to meet this standard in his conduct. It is a question of fact for the jury to decide if the defendant met the standard or not.

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

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. If a plaintiff suffered an injury to the neck in a rear-end accident then his or her attorney will argue that the incident was the cause of the injury. Other elements that could have caused the collision, like being in a stationary vehicle, are not culpable, and won't affect the jury’s determination of the cause of the accident.

It can be difficult to prove a causal link between a negligent act and the plaintiff's psychological problems. It may be that the plaintiff has a turbulent past, has a bad relationship with their parents, or has been a user of drugs or alcohol.

If you have been in an accident involving a motor vehicle that was serious it is essential to speak with an experienced attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation, and motor vehicle crash cases. Our lawyers have formed relationships with independent physicians in a range of specialties and expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

In motor vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first category of damages is any monetary costs that are easily added up and calculated as a total, for example, medical treatment, lost wages, property repairs, and even future financial losses like a decrease in earning capacity.

New York law also recognizes the right to recover non-economic damages such as pain and suffering and loss of enjoyment, which cannot be reduced to a monetary amount. The damages must be proven by a wide array of evidence, including depositions from family members and friends of the plaintiff or medical records, or 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 awarded should be split between them. The jury must decide the amount of fault each defendant is accountable for the incident, and divide the total amount of damages awarded by that percentage. However, New York law 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are sustained by drivers of trucks or cars. The method of determining if the presumption is permissive is complex. Typically there is only a clear proof that the owner did not grant permission for the driver to operate the vehicle can overcome the presumption.