Motor Vehicle Litigation

When liability is contested and the liability is disputed, it is necessary to start a lawsuit. The defendant has the option to respond to the complaint.

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

Duty of Care

In a lawsuit for negligence the plaintiff has to prove that the defendant was obligated to exercise reasonable care. This duty is owed by everyone, but those who operate vehicles owe an even higher duty to other people in their field. This includes ensuring that they don't cause accidents with motor vehicles.

Courtrooms assess an individual's actions to what a typical individual would do under the same conditions to determine an acceptable standard of care. Expert witnesses are frequently required in cases of medical malpractice. People with superior knowledge in a certain field may be held to a greater standard of care.

A breach of a person's duty of care may cause harm to a victim or their property. The victim is then required to demonstrate that the defendant's violation of their duty caused the injury and damages that they suffered. Proving causation is an essential element in any negligence case, and it involves taking into consideration both the real basis of the injury or damages and the proximate cause of the injury or damage.

For example, if someone runs a red stop sign, it's likely that they'll be hit by another car. If their vehicle is damaged, they'll be required to pay for repairs. But the reason for the crash might be a cut in the brick, which then develops into a dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proved to obtain compensation in a personal injury lawsuit. A breach of duty is when the actions of the at-fault person are insufficient to what an ordinary person would do under similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients, arising from laws of the state and licensing boards. Drivers are bound to care for other drivers and pedestrians, and follow traffic laws. Any driver who fails to adhere to this duty and results in an accident is responsible for the injuries suffered by the victim.

A lawyer can rely on the "reasonable people" standard to establish that there is a duty to be cautious and then prove that the defendant did not adhere to the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also establish that the defendant's breach of duty was the primary cause of the injuries. This can be more difficult to prove than the existence of a duty and breach. For example an individual defendant could have crossed a red light, however, the act was not the sole cause of the crash. Causation is often contested in case of a crash by the defendants.

Causation

In mountain home motor vehicle accident law firm vehicle accidents, the plaintiff must establish a causal link between the breach by the defendant and their injuries. If the plaintiff sustained a neck injury in an accident with rear-end damage the attorney for the plaintiff would argue that the collision was the cause of the injury. Other elements that could have caused the collision, such as being in a stationary car are not considered to be culpable and will not influence the jury's decision to determine the fault.

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

It is essential to speak with an experienced lawyer in the event that you've been involved in a serious accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, and Rowlett Motor Vehicle Accident Lawsuit vehicle accident cases. Our lawyers have established working relationships with independent physicians in various specialties as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

The damages that plaintiffs can seek in a motor vehicle case include both economic and non-economic damages. The first category of damages encompasses all monetary costs which can easily be added up and then calculated into a total, such as medical treatment or lost wages, repair to property, and even future financial loss, like a diminished earning capacity.

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

In cases that involve multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages awarded should be divided between them. The jury will determine the proportion of fault each defendant carries for the incident and then divide the total amount of damages awarded by the percentage. New York law however, does not permit this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive use applies is not straightforward, and typically only a convincing evidence that the owner explicitly denied permission to operate the car will be sufficient to overcome it.