motor vehicle accident attorney Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules which means that when a jury finds you to be at fault for causing the crash, your damages award will be reduced by the percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence lawsuit, the plaintiff must prove that the defendant was obligated to act with reasonable care. This duty is owed by all, but those who operate vehicles owe an even greater duty to other drivers in their field. This includes ensuring that they do not cause car accidents.

Courtrooms compare an individual's actions with what a normal person would do in similar circumstances to determine a reasonable standard of care. In the event of medical negligence, expert witnesses are usually required. Experts who are knowledgeable of a specific area may be held to a higher standard of care than other individuals in similar situations.

A breach of a person's duty of care could cause harm to a victim or their property. The victim has to establish that the defendant's breach of their duty led to the injury and damages that they have suffered. The proof of causation is an essential part of any negligence case and involves taking into consideration both the real basis of the injury or damages, as well as the causal reason for the damage or injury.

For instance, if a person runs a red stop sign, motor vehicle accident attorney it's likely that they'll be hit by a vehicle. If their car is damaged, they'll be required to pay for repairs. The reason for the accident could be a cut or the brick, which then develops into a deadly infection.

Breach of Duty

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

For instance, a physician has several professional duties to his patients that are governed by state law and licensing boards. Motorists owe a duty care to other drivers and pedestrians to drive safely and observe traffic laws. If a driver violates this duty and causes an accident is responsible for the injuries of the victim.

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

The plaintiff must also establish that the breach of duty of the defendant was the primary cause for his or her injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For example an individual defendant could have crossed a red line, but the action was not the sole cause of the crash. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle cases, the plaintiff must prove a causal link between the breach of the defendant and the injuries. For instance, if a plaintiff suffered an injury to his neck in a rear-end collision, his or her lawyer will argue that the accident caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary car, are not culpable, and will not affect the jury's decision on the degree of fault.

It can be difficult to establish a causal relationship between a negligent action and the psychological symptoms of the plaintiff. The fact that the plaintiff suffered from a an uneasy childhood, a bad relationship with his or her parents, Motor Vehicle Accident Attorney used alcohol and drugs, or suffered prior unemployment could have a bearing on the severity of the psychological issues he or suffers from following an accident, however, the courts typically look at these factors as part of the background circumstances that caused the accident arose rather than an independent reason for the injuries.

If you have been in an accident involving a motor vehicle that was serious it is crucial to consult an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents vehicle accident as well as business and commercial litigation, as well as personal injury cases. Our lawyers have built working relationships with independent doctors in different specialties as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages that plaintiffs can seek in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages encompasses all costs that can be easily added together and calculated into a total, for example, medical treatments or lost wages, repair to property, or even a future financial loss, such loss of earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment can't be reduced to monetary value. These damages must be established by a wide array of evidence, including depositions from family members and friends of the plaintiff, medical records, or other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the rules of comparative negligence to determine the proportion of damages awarded should be divided between them. The jury must determine the amount of fault each defendant had for the accident, and then divide the total damages award by the percentage of fault. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are sustained by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use is applicable is a bit nebulous and typically only a clear showing that the owner specifically denied permission to operate the vehicle will be able to overcome it.