motor vehicle accident lawyers Vehicle Litigation

A lawsuit is required when liability is contested. The defendant then has the opportunity to respond to the complaint.

New York follows pure comparative fault rules and, should a jury find you to be at fault for causing a crash the damages awarded will be reduced by the percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant was bound by the duty of care toward them. The majority of people owe this obligation to everyone else, however those who sit behind the driving wheel of a motorized vehicle have a greater obligation to the people in their area of operation. This includes ensuring that they don't cause motor vehicle accident attorneys vehicle accidents.

Courtrooms examine an individual's conduct with what a normal person would do under the same circumstances to establish what is a reasonable standard of care. This is why expert witnesses are frequently required in cases of medical malpractice. Experts with a superior understanding of particular fields may be held to a higher standard of care.

A breach of a person's duty of care can cause harm to the victim or their property. The victim must then demonstrate that the defendant's violation of their duty caused the injury and damages that they suffered. Causation is an important part of any negligence claim. It requires proof of both the actual and proximate causes of the injury and damages.

For instance, if someone has a red light and is stopped, they'll be struck by a car. If their vehicle is damaged, they will be responsible for the repairs. The cause of a crash could be caused by a brick cut that causes an infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that needs to be proved in order to secure compensation in a personal injury lawsuit. A breach of duty is when the actions taken by the at-fault person do not match what an ordinary person would do under similar circumstances.

A doctor, for instance has many professional obligations towards his patients. These professional obligations stem from the law of the state and licensing bodies. Motorists have a duty of care to other motorists and pedestrians to drive safely and obey traffic laws. Drivers who violate this obligation and causes an accident is responsible for the injuries sustained by the victim.

Lawyers can use the "reasonable individuals" standard to show that there is a duty of prudence and then show that defendant did not comply with this standard in his conduct. It is a question of fact for the jury to decide if the defendant was in compliance with the standard or not.

The plaintiff must also demonstrate that the breach by the defendant was the sole cause of the plaintiff's 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 what caused the crash on your bicycle. For this reason, causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle accident law firm vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and his or her injuries. For example, if the plaintiff sustained a neck injury from a rear-end collision and his or motor vehicle accident Law firm her lawyer would argue that the collision was the cause of the injury. Other factors that contributed to the collision, like being in a stationary vehicle, are not culpable, and will not affect the jury’s determination of the fault.

For psychological injuries, however, the link between negligence and the affected plaintiff's symptoms can be more difficult to establish. It may be the case that the plaintiff has a rocky past, has a difficult relationship with their parents, or Motor Vehicle Accident law firm is a user of alcohol or drugs.

If you have been in an accident that is serious to your vehicle, it is important to consult an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident commercial and business litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent doctors in different areas of expertise as well as experts in computer simulations and reconstruction of accident.

Damages

In motor vehicle litigation, a plaintiff may be able to recover both economic and noneconomic damages. The first type of damages is all financial costs that can easily be added up and calculated as an overall amount, including medical treatment and lost wages, repairs to property, or even a future financial loss, for instance a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, such as the suffering of others and the loss of enjoyment of life which cannot be reduced to a dollar amount. The proof of these damages is with a large amount of evidence, such as depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine how much of the total damages award should be allocated between them. The jury has to determine the proportion of fault each defendant has for the accident, and divide the total amount of damages awarded by the percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of those cars and trucks. The subsequent analysis of whether the presumption that permissive use applies is complicated and usually only a clear showing that the owner specifically denied permission to operate the vehicle will be able to overcome it.