Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant will then have the opportunity to respond to the complaint.

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

Duty of Care

In a negligence case, the plaintiff must show that the defendant was bound by the duty of care towards them. Most people owe this duty to everyone else, but those who take the driving wheel of a motorized vehicle are obligated to others in their area of activity. This includes not causing car accidents.

In courtrooms the standard of care is established by comparing the actions of an individual against what a normal individual would do under similar conditions. In the event of medical negligence experts are often required. Experts who have a greater understanding of the field could be held to a higher standard of treatment.

A person's breach of their duty of care could cause injury to a victim or their property. The victim is then required to prove that the defendant acted in breach of their duty of care and caused the injury or damage they sustained. Proving causation is an essential aspect of any negligence claim and requires considering both the actual reason for the injury or damages as well as the cause of the damage or injury.

For instance, if someone is stopped at a red light, it's likely that they'll be hit by a car. If their vehicle is damaged, they'll be responsible for repairs. The actual cause of a crash could be a brick cut that causes an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. This must be proved for compensation for a personal injury claim. A breach of duty is when the actions taken by the at-fault party fall short of what a normal person would do under similar circumstances.

A doctor, for example has many professional obligations to his patients, which stem from the law of the state and licensing authorities. Motorists owe a duty care to other motorists and pedestrians on the road to be safe and Motor Vehicle Accident Lawsuit follow traffic laws. If a driver violates this obligation and results in an accident is responsible for the victim's injuries.

A lawyer can use the "reasonable person" standard to establish the existence of the duty of care, and then prove that the defendant failed to meet the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also demonstrate that the breach of duty by the defendant was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant could have driven through a red light, but that wasn't what caused the bicycle accident. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle accident lawsuit (click to find out more) vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if the plaintiff sustained neck injuries as a result of an accident that involved rear-ends and his or her lawyer would argue that the accident caused the injury. Other factors that are essential to produce the collision, like being in a stationary vehicle are not culpable and will not affect the jury's determination of the liability.

It may be harder to establish a causal connection between a negligent act, and the psychological symptoms of the plaintiff. It may be because the plaintiff has a troubled background, a strained relationship with their parents, or is a user of drugs or Motor Vehicle Accident Lawsuit alcohol.

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

Damages

The damages that a plaintiff can recover in motor vehicle accident attorney vehicle litigation include both economic and non-economic damages. The first type of damages covers any monetary costs that can easily be added to calculate the sum of medical expenses, lost wages, property repair, and even future financial losses, like diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, such as suffering and pain, as well as loss of enjoyment of life which cannot be reduced to a monetary amount. However, these damages must be established to exist with the help of extensive evidence, such as deposition testimony from the plaintiff's close friends and family members medical records, as well as other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages awarded should be divided between them. This requires the jury to determine the amount of fault each defendant was responsible for the incident and then divide the total damages awarded by that percentage of the fault. New York law however, doesn't allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of the vehicles. The subsequent analysis of whether the presumption of permissive usage applies is complex and typically only a clear evidence that the owner explicitly was not granted permission to operate the vehicle will be able to overcome it.