Motor Vehicle Litigation

If the liability is challenged in court, it becomes necessary to start a lawsuit. The defendant has the option to respond to the complaint.

New York follows pure comparative fault rules and, when a jury finds you to be at fault for causing the accident the damages awarded to you will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a lawsuit for negligence, the plaintiff must prove that the defendant was obligated to exercise reasonable care. Most people owe this duty to everyone else, but those who sit behind the steering wheel of a motor vehicle have an even higher duty to the other drivers in their zone of operation. This includes ensuring that they don't cause accidents in motor vehicles.

In courtrooms, the quality of care is determined by comparing an individual's actions with what a normal person would do in the same circumstances. Expert witnesses are often required in cases involving medical negligence. Experts with a superior understanding of a certain field may be held to a greater standard of medical care.

When a person breaches their duty of care, they could cause harm to the victim and/or their property. The victim has to show that the defendant violated their obligation and caused the damage or damages they suffered. Proving causation is an essential part of any negligence case which involves taking into consideration both the real basis of the injury or damages as well as the proximate cause of the injury or damage.

For instance, if a person runs a red light then it's likely that they will be hit by a car. If their vehicle is damaged, they'll be accountable for the repairs. But the actual cause of the crash could be a cut on bricks that later develop into a serious infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved to obtain compensation in a personal injury lawsuit. A breach of duty happens when the at-fault party's actions are not in line with what an average person would do in similar circumstances.

For instance, a physician has several professional duties to his patients that are governed by laws of the state and licensing boards. Drivers are required to be considerate of other drivers and pedestrians, and respect traffic laws. If a driver violates this obligation of care and results in an accident, the driver is accountable for the injury suffered by the victim.

Lawyers can use the "reasonable people" standard to establish that there is a duty of caution and then show that defendant did not meet this standard in his conduct. It is a matter of fact that the jury has to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also prove that the defendant's negligence was the primary cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example, a defendant may have crossed a red light, but it's likely that his or her actions wasn't the proximate reason for your bicycle crash. Because of this, causation is often challenged by the defendants in case of a crash.

Causation

In motor vehicle-related cases, the plaintiff must establish an causal link between breach by the defendant and their injuries. If the plaintiff sustained neck injuries in an accident that involved rear-end collisions then his or her attorney will argue that the incident was the reason for the injury. Other factors that are necessary for the collision to occur, such as being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's decision of liability.

For psychological injuries, however, the link between a negligent act and the victim's afflictions may be more difficult to establish. It may be because the plaintiff has a turbulent past, a poor relationship with their parents, or has been a user of alcohol or drugs.

If you have been in a serious quincy motor vehicle accident attorney vehicle crash it is crucial to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation and motor vehicle accident cases. Our lawyers have established working relationships with independent physicians in different areas of expertise as well as experts in computer simulations as well as reconstruction of accidents.

Damages

The damages a plaintiff may recover in motor vehicle litigation include both economic and non-economic damages. The first type of damages is any monetary costs that can be easily added to calculate the sum of medical expenses or Vimeo.Com lost wages, property repair, and even future financial losses, like a diminished earning capacity.

New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment of life cannot be reduced to cash. However these damages must be proved to exist with the help of extensive evidence, including deposition testimony from plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In the event of multiple defendants, courts will typically employ comparative fault rules to determine the amount of damages that must be divided between them. The jury has to determine the percentage of blame each defendant is accountable for the accident and then divide the total amount of damages awarded by the same 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 resulting analysis of whether the presumption of permissiveness applies is complex and typically only a clear evidence that the owner explicitly did not have permission to operate his car will be sufficient to overcome it.