Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds that you are responsible for an accident the damages you incur will be reduced based on your percentage of fault. This rule is not applicable to owners of vehicles rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must prove that the defendant had the duty of care toward them. This duty is due to everyone, but those who operate a vehicle owe an even higher duty to other people in their field. This includes ensuring that they do not cause accidents with motor vehicles.

Courtrooms assess an individual's actions with what a normal person would do in the same conditions to determine reasonable standards of care. Expert witnesses are frequently required in cases involving medical negligence. Experts with a higher level of expertise in a particular field can be held to an higher standard of care than other people in similar situations.

A breach of a person's duty of care can cause harm to the victim or their property. The victim then has to prove that the defendant acted in breach of their duty and Vimeo caused the harm or damages they suffered. Proving causation is a critical part of any negligence case which involves looking at both the actual causes of the injury damages as well as the cause of the injury or damage.

If someone runs an stop sign then they are more likely to be struck by another vehicle. If their car is damaged, they'll be required to pay for repairs. The real cause of a crash could be caused by a brick cut that develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty committed by an individual defendant. This must be proved in order to receive compensation for personal injury claims. A breach of duty is when the actions of the person at fault are insufficient to what an ordinary person would do in similar circumstances.

A doctor, for example, has a number of professional duties towards his patients. These obligations stem from state law and licensing bodies. Drivers are bound to be considerate of other drivers and pedestrians, and respect traffic laws. If a driver violates this duty of care and results in an accident, he is liable for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of a duty of care and then show that the defendant did not meet that standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also demonstrate that the defendant's breach was the sole cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For example the defendant could have run a red light however, the act wasn't the proximate cause of the crash. The issue of causation is often challenged in cases of crash by defendants.

Causation

In williston park motor vehicle accident attorney vehicle cases the plaintiff must prove a causal link between the breach by the defendant and their injuries. For instance, if the plaintiff suffered neck injuries as a result of a rear-end collision, his or her lawyer will argue that the collision caused the injury. Other elements that could have caused the collision, such as being in a stationary car are not culpable and will not influence the jury's decision to determine the fault.

For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It may be the case that the plaintiff has a turbulent past, has a bad relationship with their parents, or is a user of alcohol or drugs.

It is crucial to consult an experienced attorney if you have been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in mount prospect motor vehicle accident law firm vehicle accident, commercial and business litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent medical professionals in a range of specialties, 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 covers any monetary costs that can easily be added up and calculated as a total, for example, medical expenses and lost wages, property repair, and even future financial losses like a decrease in earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of living are not able to be reduced to financial value. However, these damages must be proved to exist by a variety of evidence, including deposition testimony of the plaintiff's family members and close friends medical records, other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine how much of the damages awarded should be split between them. This requires the jury to determine how much fault each defendant was responsible for the incident and then divide the total damages awarded by that percentage of blame. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of these trucks and cars. The subsequent analysis of whether the presumption that permissive use applies is complicated and typically only a clear showing that the owner was explicitly did not have permission to operate his vehicle will overcome it.