Motor Vehicle Litigation

When liability is contested then it is necessary to file a lawsuit. The Defendant has the right to respond to the complaint.

New York follows pure comparative fault rules and, when a jury finds you responsible for the crash the damages awarded to you will be reduced by the percentage of negligence. This rule is not applicable to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a lawsuit for negligence the plaintiff has to prove that the defendant was obligated to exercise reasonable care. This duty is owed to all people, however those who operate vehicles owe an even higher duty to others in their field. This includes ensuring that they don't cause accidents in motor vehicles.

In courtrooms, the standard of care is determined by comparing an individual's behavior with what a normal person would do in the same conditions. In the event of medical malpractice expert witnesses are typically required. Experts with more experience in a certain field may be held to a greater standard of medical care.

A person's breach of their obligation of care can cause harm to a victim or their property. The victim is then required to prove that the defendant's breach of their duty caused the damage and injury they sustained. Causation is a crucial element of any negligence claim. It involves proving both the proximate and actual causes of the damages and Motor Vehicle Accident Attorney injuries.

If someone is driving through an stop sign it is likely that they will be struck by a vehicle. If their vehicle is damaged, they'll need to pay for repairs. However, the real cause of the accident could be a cut from bricks, which later turn into a potentially dangerous 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 case. A breach of duty occurs when the actions of a party who is at fault do not match what a reasonable person would do in similar circumstances.

For instance, a doctor has several professional duties to his patients based on state law and licensing boards. Motorists are required to show care to other drivers and pedestrians to drive in a safe manner and adhere to traffic laws. A driver who breaches this obligation and creates an accident is accountable for the injuries of the victim.

A lawyer can use "reasonable persons" standard to prove that there is a duty of care and then show that the defendant did not comply with this standard in his actions. The jury will decide if the defendant complied with or did not meet the standards.

The plaintiff must also establish that the defendant's breach of duty was the primary cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant might have walked through a red light, but that's not the cause of the accident on your bicycle. Causation is often contested in a crash case by defendants.

Causation

In tracy motor vehicle accident law firm vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. For example, if the plaintiff sustained an injury to the neck as a result of a rear-end collision and his or her lawyer might argue that the accident caused the injury. Other factors that contributed to the collision, such as being in a stationary car are not considered to be culpable and won't affect the jury's decision on the fault.

It could be more difficult to establish a causal relationship between an act of negligence and the plaintiff's psychological problems. It may be because the plaintiff has had a difficult past, has a difficult relationship with their parents, or is a user of drugs or alcohol.

It is imperative to consult an experienced attorney when you've been involved in a serious car accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident law firm vehicle accidents commercial and business litigation, as well as personal injury cases. Our lawyers have established working relationships with independent physicians with a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages that plaintiffs can seek in a motor vehicle accident attorney vehicle lawsuit include both economic and non-economic damages. The first type of damages comprises any financial costs that can easily be added to calculate a total, for example, medical treatment or lost wages, property repair and even future financial losses like diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment of living, cannot be reduced to money. However the damages must be proven to exist with the help of extensive evidence, such as deposition testimony from plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages that must be divided between them. The jury will determine the percentage 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 disqualifies vehicle owners from the comparative negligence rule in the event of injuries caused 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 explicitly was not granted permission to operate the car will overcome it.