Motor 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 and, when a jury finds you to be the cause of an accident the damages awarded to you will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles that are leased or rented to minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant was bound by a duty of care towards them. Most people owe this duty to everyone else, but those who sit behind the wheel of a motor vehicle have a higher obligation to the other drivers in their zone of activity. This includes ensuring that there are no accidents in motor vehicle accident attorneys (please click Englishclub Plus) vehicles.

In courtrooms, the standards of care are determined by comparing an individual's behavior with what a typical person would do in the same situations. In the case of medical malpractice experts are often required. People who have superior knowledge of a specific area may be held to the highest standards of care than others in similar situations.

When someone breaches their duty of care, it can cause injury to the victim or their property. The victim must then show that the defendant's infringement of their duty resulted in the damage and injury they sustained. Proving causation is an essential element in any negligence case and involves looking at both the actual basis of the injury or damages as well as the proximate reason for the injury or damage.

For instance, if a driver has a red light there is a good chance that they'll be struck by a vehicle. If their vehicle is damaged, they will have to pay for the repairs. The real cause of the crash could be a brick cut that develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. The breach of duty must be proved in order to be awarded compensation for personal injury claims. A breach of duty occurs when the actions of the at-fault party fall short of what a normal person would do under similar circumstances.

A doctor, for instance, has a number of professional obligations towards his patients, which stem from laws of the state and licensing bodies. Motorists owe a duty care to other motorists and pedestrians to be safe and follow traffic laws. When a driver breaches this obligation of care and results in an accident, the driver is responsible for the injuries sustained by the victim.

Lawyers can use the "reasonable individuals" standard to establish that there is a duty of prudence and then show 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 standards.

The plaintiff must also prove that the defendant's breach was the direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. For instance it is possible that a defendant been a motorist who ran a red light, however, the act was not the sole cause of the crash. For this reason, causation is frequently disputed by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffered a neck injury in an accident with rear-end damage, his or her attorney would argue that the accident caused the injury. Other factors that are essential to produce the collision, such as being in a stationary vehicle are not culpable and will not affect the jury's decision of liability.

It can be difficult to establish a causal link between an act of negligence and the plaintiff's psychological symptoms. It could be that the plaintiff has a turbulent past, a poor relationship with their parents, or is a user of drugs or alcohol.

It is important to consult an experienced lawyer if you have been involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents as well as business and commercial litigation, as well as personal injury cases. Our lawyers have established working relationships with independent physicians in various areas of expertise as well as experts in computer simulations as well as reconstruction of accidents.

Damages

The damages a plaintiff may recover in a motor vehicle case include both economic and non-economic damages. The first type of damages covers any monetary expenses that can be easily added up and calculated as the sum of medical treatment loss of wages, property repairs, and even future financial losses, such as diminished earning capacity.

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

In cases where there are multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages to be split between them. The jury has to determine the amount of fault each defendant has for the incident, and divide the total damages awarded by the percentage. New York law however, does not permit this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these vehicles and trucks. The method of determining if the presumption of permissiveness is complex. In general the only way to prove that the owner did not grant permission for the driver to operate the vehicle can be sufficient to overturn the presumption.