Motor Vehicle Litigation

If liability is contested then it is necessary to start a lawsuit. The defendant has the option to respond to the complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines you to be responsible for an accident the amount of damages you will be reduced according to your percentage of fault. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant owed the duty of care toward them. This duty is due to everyone, but those who operate a vehicle have an even greater obligation to other people in their field. This includes not causing accidents in motor vehicles.

In courtrooms the standard of care is established by comparing an individual's actions with what a typical person would do in the same circumstances. In cases of medical malpractice expert witnesses are typically required. People with superior knowledge in the field could 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 has to establish that the defendant's breach of duty caused the damage and injury they have suffered. Causation proof is a crucial aspect of any negligence claim and requires taking into consideration both the real reason for the injury or damages, as well as the causal cause of the injury or damage.

If a driver is caught running an intersection then they are more likely to be hit by a car. If their vehicle is damaged, they'll be required to pay for repairs. However, the real cause of the accident could be a cut on the brick, which then develops into a deadly infection.

Breach of Duty

A breach of duty by a defendant is the second factor Canton motor vehicle accident law Firm of negligence that must be proved to obtain compensation in a personal injury claim. A breach of duty is when the actions of the person who is at fault do not match what an ordinary person would do under similar circumstances.

For instance, a physician has a variety of professional obligations to his patients, arising from the law of the state and licensing boards. Motorists are required to show care to other motorists and pedestrians on the road to drive in a safe manner and adhere to traffic laws. Drivers who violate this duty and causes an accident is accountable for the injuries of the victim.

A lawyer can rely on the "reasonable persons" standard to demonstrate that there is a duty of care and then show that the defendant did not adhere to this standard in his actions. The jury will decide 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 proximate cause of the injuries. This is sometimes more difficult to prove than the existence of a duty and breach. A defendant could have run through a red light but that wasn't what caused the crash 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 and their injuries. If the plaintiff suffered a neck injury in an accident with rear-end damage and his or her attorney would argue that the accident was the cause of the injury. Other factors that are needed to cause the collision, such as being in a stationary vehicle are not culpable and will not affect the jury's decision of liability.

For psychological injuries However, the connection between a negligent act and the victim's afflictions may be more difficult to establish. It could be the case that the plaintiff has a rocky past, has a difficult relationship with their parents, or has used alcohol or drugs.

It is important to consult an experienced attorney if you have been involved in a serious canton Motor vehicle accident Law firm vehicle accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have developed working relationships with independent physicians in different specialties as well as experts in computer simulations as well as reconstruction of accidents.

Damages

In motor vehicle accident law firm vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first category of damages is any monetary costs that are easily added up and calculated as an amount, like medical expenses, lost wages, property repair and even future financial losses like a decrease in 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 these damages must be proved to exist with the help of extensive evidence, including deposition testimony from plaintiff's family members and close friends, medical records, and other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages awarded should be split between them. The jury must determine how much fault each defendant was at fault for the incident and then divide the total damages awarded by the percentage of blame. New York law however, doesn't allow this. 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are suffered by drivers of trucks or cars. The resulting analysis of whether the presumption that permissive use applies is complex and typically only a clear showing that the owner has explicitly refused permission to operate the vehicle will overcome it.