motor vehicle accident attorney Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant is entitled to respond to the complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines that you were at fault for an accident, your damages will be reduced based on your percentage of fault. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant owed the duty of care towards them. This duty is owed to everyone, but those who operate vehicles owe an even greater obligation to other people in their field. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms examine an individual's conduct to what a typical individual would do under the same circumstances to determine what constitutes an acceptable standard of care. This is why expert witnesses are frequently required in cases of medical malpractice. Experts who have a superior understanding in a particular field can also be held to the highest standards of care than other individuals in similar situations.

A person's breach of their obligation of care can cause harm to a victim, or their property. The victim must then show that the defendant's infringement of their duty resulted in the injury and damages that they suffered. Causation is an important part of any negligence claim. It requires proving both the proximate and actual causes of the injuries and damages.

For instance, if a driver is stopped at a red light, it's likely that they'll be hit by a car. If their car is damaged, they'll be responsible for the repairs. The reason for the crash could be a brick cut that develops into an infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury lawsuit. A breach of duty is when the actions taken by the person who is at fault fall short of what an ordinary person would do under similar circumstances.

For instance, a doctor has several professional duties to his patients, arising from state law and licensing boards. Motorists owe a duty care to other motorists and pedestrians on the road to be safe and follow traffic laws. A driver who breaches this obligation and creates an accident is accountable for the injuries suffered by the victim.

A lawyer may use the "reasonable individuals" standard to establish that there is a duty to be cautious and then prove that the defendant did not comply with this standard in his conduct. It is a question of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also prove that the breach of duty of the defendant was the proximate cause of the injuries. This can be more difficult to prove than the existence of a duty and motor Vehicle accident attorney breach. A defendant could have run through a red light however, that's not the reason for your bicycle accident. In this way, causation is often challenged by defendants in crash cases.

Causation

In motor vehicle-related cases, the plaintiff must establish a causal link between the breach of the defendant and their injuries. For instance, if a plaintiff suffered a neck injury from a rear-end collision the lawyer will argue that the accident caused the injury. Other factors that are needed to cause the collision, such as being in a stationary vehicle, are not culpable and will not affect the jury's determination of liability.

It could be more difficult to establish a causal link between a negligent act and the plaintiff's psychological symptoms. It could be because the plaintiff has had a difficult past, a poor relationship with their parents, or has been a user of alcohol or drugs.

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

Damages

In motor vehicle litigation, a plaintiff could recover both economic and noneconomic damages. The first type of damages includes any monetary expenses that can be easily added up and calculated as an amount, like medical expenses loss of wages, property repair, and even future financial losses, such as diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, and loss of enjoyment of living, cannot be reduced to financial value. These damages must be established through extensive evidence like depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of total damages to be split between them. The jury has to determine the amount 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 for this. 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries sustained by the drivers of cars or trucks. The resulting analysis of whether the presumption of permissive use applies is not straightforward and typically only a clear proof that the owner specifically denied permission to operate the vehicle will be able to overcome it.