Motor Vehicle Litigation

When a claim for liability is litigated then it is necessary to file a lawsuit. The defendant is entitled 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 damages you incur will be reduced based on your percentage of fault. 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 case of negligence the plaintiff must prove that the defendant was bound by the duty of care towards them. Most people owe this duty to everyone else, but those who are behind the wheel of a motor vehicle accident lawyers vehicle are obligated to other people in their field of activity. This includes ensuring that they do not cause accidents with motor vehicles.

Courtrooms examine an individual's conduct with what a normal person would do under similar circumstances to determine what constitutes reasonable standards of care. In the event of medical negligence expert witnesses are typically required. Experts who are knowledgeable of a specific area may be held to the highest standards of care than other people in similar situations.

A person's breach of their duty of care could cause harm to the victim or their property. The victim must show that the defendant's infringement of their duty led to the harm and damages they suffered. Causation is an essential element of any negligence claim. It requires proof of both the proximate and actual causes of the injury and damages.

For example, if someone has a red light there is a good chance that they'll be hit by a car. If their car is damaged they will be responsible for repairs. The actual cause of an accident could be a brick cut that causes an infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proved to obtain compensation in a personal injury suit. A breach of duty occurs when the actions of the person at fault are not in line with what reasonable people would do in similar circumstances.

A doctor, for instance is a professional with a range of professional obligations to his patients that are derived from laws of the state and licensing bodies. Drivers are required to take care of other drivers and pedestrians, and follow traffic laws. If a driver fails to comply with this duty of care and creates an accident, motor vehicle accident law firm he is responsible for the injury suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of the duty of care, and then prove that the defendant did not meet the standard in his actions. It is a matter of fact that the jury has to decide if the defendant was in compliance with the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the proximate cause of the injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have run through a red light but that's not what caused the accident on your bicycle. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and the injuries. If a plaintiff suffers neck injuries as a result of an accident with rear-end damage, his or her attorney would argue that the collision caused the injury. Other elements that are required for the collision to occur, like 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 the injured plaintiff's symptoms may be more difficult to establish. It may be because the plaintiff has a troubled past, a poor relationship with their parents, or has been a user of alcohol or drugs.

If you've been involved in an accident that is serious to your vehicle, it is important to speak with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have established working relationships with independent doctors in many specialties, as well experts in computer simulations and reconstruction of accidents.

Damages

In motor vehicle Accident Law firm vehicle litigation, a plaintiff may get both economic and non-economic damages. The first type of damages comprises any financial costs that can be easily added up and calculated as a total, for example, medical treatment, lost wages, property repair, and even future financial losses, like a diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment of life are not able to be reduced to money. However these damages must be proved to exist by a variety of evidence, including deposition testimony from plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the rules of comparative negligence to determine the percentage of damages awarded should be split between them. The jury will determine the amount of fault each defendant is responsible for the incident and then divide the total amount of damages awarded by the same percentage. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in cases where injuries are sustained by the drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive use applies is complex and typically only a convincing evidence that the owner specifically did not have permission to operate his vehicle will be able to overcome it.