Motor Vehicle Litigation

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

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

Duty of Care

In a negligence suit the plaintiff must show that the defendant owed them a duty to exercise reasonable care. This duty is owed to everyone, but those who operate vehicles owe an even higher duty to others in their field. This includes ensuring that they do not cause accidents in punta gorda motor vehicle accident lawsuit vehicles.

Courtrooms assess an individual's actions with what a normal person would do in the same conditions to determine a reasonable standard of care. In the case of medical malpractice experts are often required. Experts who have a greater understanding of particular fields may be held to a higher standard of treatment.

If a person violates their duty of care, they could cause damage to the victim as well as their property. The victim must establish that the defendant's breach of their duty led to the harm and damages they have suffered. Causation is an important part of any negligence claim. It requires proof of both the proximate and actual causes of the damage and injury.

If a person is stopped at a stop sign and fails to obey the stop sign, they could be struck by a vehicle. If their vehicle is damaged, they will have to pay for the repairs. The reason for the crash might be a cut or bricks that later develop into a dangerous infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that needs to be proven to win compensation in a personal injury claim. A breach of duty occurs when the actions of the party at fault aren't in line with what a reasonable person would do in similar circumstances.

For example, a doctor has a variety of professional obligations to his patients stemming from state law and licensing boards. Motorists are required to show care to other motorists and pedestrians on the road to drive in a safe manner and adhere to traffic laws. If a driver violates this duty and results in an accident is responsible for the injuries of the victim.

A lawyer can use "reasonable individuals" standard to establish that there is a duty of caution and then show that defendant failed to meet this standard in his actions. It is a question 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 direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant might have walked through a red light but that's not what caused the crash on your bicycle. This is why the causation issue is often contested by defendants in collision cases.

Causation

In motor vehicle-related cases, the plaintiff must prove a causal link between the breach by the defendant and their injuries. For example, if the plaintiff suffered neck injuries as a result of a rear-end collision the lawyer would argue that the collision caused the injury. Other factors necessary to cause the collision, such as being in a stationary car are not culpable and will not impact the jury's decision on the fault.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms may be more difficult to establish. It may be because the plaintiff has had a difficult background, a strained relationship with their parents, or is a user of alcohol or drugs.

It is crucial to consult an experienced lawyer if you have been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents cases, business and commercial litigation, as well as personal injury cases. Our lawyers have established working relationships with independent doctors in different specialties as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

The damages a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first type of damages covers all monetary costs which can easily be added up and summed up into an overall amount, including medical treatments and lost wages, repairs to property, and even future financial losses, such as loss of earning capacity.

New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment can't be reduced to monetary value. However the damages must be proved to exist by a variety of evidence, such as deposition testimony from the 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 use the comparative fault rule to determine the amount of damages to be split between them. The jury will determine the percentage of fault each defendant is responsible for the accident and then divide the total amount of damages awarded by that percentage. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of those cars and Vimeo.Com trucks. The process of determining whether the presumption of permissiveness is complicated. In general there is only a clear proof that the owner denied permission for the driver to operate the vehicle will be able to overcome the presumption.