Motor Vehicle Litigation

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

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

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was obligated to act with reasonable care. This duty is due to everyone, but people who operate vehicles owe an even greater obligation to other people in their field. This includes ensuring that there are no accidents in motor vehicle accident vehicles.

In courtrooms the standard of care is established by comparing an individual's conduct with what a typical person would do in the same situations. In cases of medical malpractice experts are often required. Experts with a superior understanding of a certain field may be held to a greater standard of care.

When a person breaches their duty of care, it can cause harm to the victim and/or their property. The victim has to prove that the defendant acted in breach of their obligation and caused the damage or damages they suffered. Causation is a crucial element of any negligence claim. It requires proof of both the primary and secondary causes of the injuries and damages.

If a person is stopped at the stop sign it is likely that they will be hit by another vehicle. If their car is damaged they will be responsible for repairs. The actual cause of a crash could be a brick cut which develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. The breach of duty must be proved in order to be awarded compensation for a personal injury claim. A breach of duty happens when the actions of the person at fault do not match what an average person would do in similar circumstances.

A doctor, for instance has a variety of professional obligations to his patients that are derived from the law of the state and licensing bodies. Drivers are bound to protect other motorists and pedestrians, and to adhere to traffic laws. If a driver fails to comply with this duty of care and causes an accident, he is liable for the injury suffered by the victim.

Lawyers can use the "reasonable individuals" standard to show that there is a duty to be cautious and then show that defendant did not meet the standard in his actions. It is a matter of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the primary cause for the injuries. This can be more difficult to prove than the existence of a duty and breach. For example it is possible that a defendant crossed a red line, but his or her action was not the primary cause of your bicycle crash. This is why causation is often challenged by defendants in collision cases.

Causation

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

For psychological injuries, however, the link between a negligent act and an injured plaintiff's symptoms may be more difficult to establish. It could be that the plaintiff has a troubled past, a poor relationship with their parents, or has used alcohol or drugs.

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

Damages

In santa ana motor vehicle accident law firm vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first category of damages encompasses the costs of monetary value that can be easily added together and calculated as an overall amount, including medical treatment as well as lost wages, repairs to property, and even future financial loss, like a diminished earning capacity.

New York law recognizes that non-economic damages like pain and suffering, and loss of enjoyment of living cannot be reduced to financial value. However these damages must be proved to exist using extensive evidence, including deposition testimony from 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 the rules of comparative negligence to determine how much of the damages awarded should be divided between them. The jury must determine the percentage of blame each defendant is responsible for the accident, and divide the total damages awarded by the percentage. New York law however, does not allow this. 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries sustained by drivers of trucks or fullerton motor Vehicle Accident Law Firm cars. The method of determining if the presumption is permissive or not is complicated. The majority of the time there is only a clear proof that the owner did not grant permission for the driver to operate the vehicle will overrule the presumption.