motor vehicle accident lawsuit Vehicle Litigation

When a claim for liability is litigated and the liability is disputed, it is necessary to make a complaint. The defendant has the option to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, should a jury find that you are responsible for an accident the damages you incur will be reduced according to your percentage of fault. This rule does not apply to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a negligence case the plaintiff must show that the defendant was obligated to exercise reasonable care. Most people owe this duty to everyone else, but those who sit behind the car are obligated to the other drivers in their zone of operation. This includes ensuring that they do not cause accidents in Motor Vehicle accident law firm vehicles.

In courtrooms the quality of care is determined by comparing an individual's conduct against what a normal individual would do in the same situations. In the event of medical malpractice, expert witnesses are usually required. People who have superior knowledge in a specific field could be held to an even higher standard of care than others in similar situations.

When someone breaches their duty of care, it can cause harm to the victim and/or their property. The victim must show that the defendant violated their duty and caused the injury or damages they suffered. Causation is a crucial element of any negligence claim. It requires proving both the actual and proximate causes of the damage and injury.

For instance, if someone has a red light and is stopped, they'll be hit by a vehicle. If their vehicle is damaged, they'll need to pay for repairs. The real cause of a crash could be caused by a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved to obtain compensation in a personal injury suit. A breach of duty is when the actions taken by the person at fault are insufficient to what a normal person would do under similar circumstances.

For instance, a doctor, has a number of professional duties towards his patients. These professional obligations stem from the law of the state and licensing authorities. Motorists are required to show care to other motorists and pedestrians on the road to be safe and follow traffic laws. If a motorist violates this obligation of care and causes an accident, he is liable for the injuries suffered by the victim.

A lawyer can use the "reasonable person" standard to prove the existence of the duty of care and then show that the defendant failed to meet the standard in his actions. It is a matter of fact that the jury has to decide whether the defendant fulfilled the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the proximate cause of the injuries. It is more difficult to prove this than a breach of duty. A defendant may have run through a red light, but that wasn't what caused the accident on your bicycle. In this way, 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. If the plaintiff sustained a neck injury in a rear-end collision the attorney for the plaintiff will argue that the crash was the reason for the injury. Other factors necessary to cause the collision, like being in a stationary vehicle are not culpable and will not impact the jury’s determination of fault.

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

It is crucial to consult an experienced attorney if you have been involved in a serious car accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation and motor vehicle accident cases. Our lawyers have established working relationships with independent medical professionals with a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages that plaintiffs can seek in a motor vehicle case include both economic and non-economic damages. The first type of damages covers any monetary costs that are easily added up and calculated as the sum of medical expenses and lost wages, property repairs, 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 are not able to be reduced to monetary value. However these damages must be proven to exist through extensive evidence, including deposition testimony from 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 comparative negligence rules to determine how much of the total damages awarded should be split between them. The jury must determine the proportion of fault each defendant is responsible for the incident, and divide the total amount of damages awarded by that percentage. New York law however, does not allow for this. 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are sustained by drivers of cars or trucks. The analysis to determine whether the presumption is permissive is complex. Most of the time there is only a clear proof that the owner did not grant permission to the driver to operate the vehicle will overrule the presumption.