motor vehicle accident Attorney Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant has the right 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 the amount of damages you will be reduced according to your percentage of fault. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are that are rented or leased to minors.

Duty of Care

In a negligence case the plaintiff has to prove that the defendant was obligated to act with reasonable care. The majority of people owe this obligation to everyone else, however those who are behind the car are obligated to the other drivers in their zone of operation. This includes not causing car accidents.

Courtrooms examine an individual's conduct with what a normal person would do under similar circumstances to determine what constitutes an acceptable standard of care. Expert witnesses are often required in cases involving medical malpractice. Experts with a higher level of expertise in a specific field could be held to the highest standards of care than other people in similar situations.

When someone breaches their duty of care, it can cause harm to the victim and/or their property. The victim has to demonstrate that the defendant did not fulfill their duty and caused the harm or damages they sustained. Causation is an essential element of any negligence claim. It requires proof of both the primary and secondary causes of the injury and damages.

If a driver is caught running a stop sign it is likely that they will be struck by a vehicle. If their car is damaged they'll be responsible for repairs. But the actual cause of the accident could be a cut in bricks, which later turn into a deadly infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. It must be proven in order to obtain compensation for personal injury claims. A breach of duty is when the actions taken by the at-fault party do not match what an ordinary person would do under similar circumstances.

A doctor, for example is a professional with a range of professional obligations to his patients, which stem from laws of the state and licensing bodies. Motorists owe a duty care to other motorists and pedestrians on the road to be safe and follow traffic laws. If a driver violates this duty of care and causes an accident, he is liable for the victim's injuries.

A lawyer may use the "reasonable persons" standard to prove that there is a duty to be cautious and then prove that the defendant failed to meet this standard with his actions. It is a question of fact that the jury has to decide if the defendant met the standard or not.

The plaintiff must also demonstrate that the breach 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 may have run through a red light but that's not what caused the accident on your bicycle. This is why causation is often challenged by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if a plaintiff suffered neck injuries as a result of a rear-end collision and his or her lawyer would argue that the collision was the cause of the injury. Other elements that could have caused the collision, like being in a stationary car are not culpable and won't affect the jury's decision on the cause of the accident.

For psychological injuries However, the connection between a negligent act and an injured plaintiff's symptoms may be more difficult to establish. It could be the case that the plaintiff has a turbulent background, a strained relationship with their parents, or has been a user of drugs or alcohol.

It is crucial to consult an experienced lawyer when you've been involved in a serious motor vehicle accident lawyer vehicle accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, motor vehicle Accident attorney as well as motor vehicle accidents vehicle accident cases. Our lawyers have formed working relationships with independent physicians in many specialties as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

The damages plaintiffs can seek in motor vehicle litigation can include both economic and non-economic damages. The first category of damages covers any monetary expenses that can be easily added to calculate an amount, like medical expenses loss of wages, property repair and even future financial losses like diminished earning capacity.

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

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine the percentage of damages awarded should be divided between them. The jury must determine the proportion of fault each defendant is responsible for the accident, and divide the total 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 suffered by driver of these trucks and cars. The process of determining whether the presumption is permissive is complicated. Most of the time it is only a clear evidence that the owner denied permission for the driver to operate the vehicle will overrule the presumption.