Motor Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant has the right to respond to the complaint.

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

Duty of Care

In a lawsuit for negligence the plaintiff must show that the defendant was obligated to exercise reasonable care. The majority of people owe this obligation to everyone else, but individuals who get behind the wheel of a motor vehicle are obligated to others in their area of operation. This includes ensuring that they do not cause accidents in perkasie motor vehicle accident law firm vehicles.

Courtrooms assess an individual's actions to what a typical person would do in similar circumstances to establish what is reasonable standards of care. Expert witnesses are frequently required in cases involving medical malpractice. Experts who have a greater understanding of particular fields may be held to a higher standard of medical care.

A breach of a person's duty of care may cause harm to a victim or their property. The victim has to establish that the defendant's breach of their duty resulted in the harm and damages they sustained. Causation is an important part of any negligence claim. It requires proof of both the primary and secondary causes of the injury and damages.

For example, if someone has a red light and is stopped, they will be hit by another car. If their vehicle is damaged, they'll be responsible for the repairs. The reason for a crash could be caused by a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that must be proven to win compensation in a personal injury claim. A breach of duty is when the actions taken by the person who is at fault do not match what an ordinary person would do in similar circumstances.

A doctor, for example, has a number of professional obligations to his patients. These obligations stem from the law of the state and licensing bodies. Drivers are obliged to protect other motorists and pedestrians, as well as to respect traffic laws. If a motorist violates this obligation of care and creates an accident, he is responsible for the victim's injuries.

A lawyer can rely on the "reasonable person" standard to establish the existence of the duty of care, and then demonstrate that the defendant failed to meet that standard in his actions. It is a question of fact that the jury has to decide if the defendant was in compliance with the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the sole cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant could have driven through a red light but that's not the cause of your bicycle accident. Causation is often contested in a crash case by defendants.

Causation

In watertown motor vehicle accident law firm vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. For instance, if a plaintiff sustained neck injuries as a result of a rear-end collision the lawyer could claim that the collision caused the injury. Other factors that are needed in causing the collision like being in a stationary car, are not considered to be culpable and therefore do not affect the jury's decision of liability.

It could be more difficult to establish a causal connection 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 used alcohol or drugs.

If you've been involved in an accident involving a williston motor vehicle accident Law firm vehicle that was serious It is imperative to consult with an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have developed relationships with independent physicians in a wide range of specialties and expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff can get both economic and non-economic damages. The first category of damages is any monetary costs that can be easily added to calculate an amount, like medical treatment 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, cannot be reduced to cash. These damages must be established by a wide array of evidence, including depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases that involve 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 determine the amount of fault each defendant was at fault for the accident, and then divide the total amount of damages by the percentage of fault. However, New York law 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries sustained by drivers of cars or trucks. The resulting analysis of whether the presumption that permissive use applies is complex and usually only a clear proof that the owner was explicitly refused permission to operate the car will be sufficient to overcome it.