Motor Vehicle Litigation

If liability is contested, it becomes necessary to bring a lawsuit. The defendant has the option to respond to the Complaint.

New York has a pure comparative negligence rule. This means that when a jury finds you to be at fault for an accident the amount of damages you will be reduced according to your percentage of fault. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are that are rented or leased to minors.

Duty of Care

In a negligence suit the plaintiff must show that the defendant was obligated to exercise reasonable care. This duty is owed by all people, however those who drive a vehicle owe an even higher duty to others in their field. This includes ensuring that they do not cause accidents in carrollton motor Vehicle accident law firm vehicles.

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

A person's breach of their obligation of care can cause harm to a victim, or their property. The victim then has to demonstrate that the defendant did not fulfill their duty and caused the injury or damage that they suffered. Causation is an essential element of any negligence claim. It involves proving the proximate and real causes of the damage and injury.

If someone runs the stop sign, they are likely to be hit by a car. If their car is damaged they will be responsible for repairs. But the actual cause of the crash could be a cut on bricks that later develop into a serious infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. The breach of duty must be proved in order to receive compensation in a personal injury case. A breach of duty is when the actions of the at-fault party fall short of what a normal person would do in similar circumstances.

A doctor, for instance, has several professional duties to his patients stemming from the law of the state and licensing boards. Drivers have a duty to care for other drivers and pedestrians, and to adhere to traffic laws. If a driver violates this obligation and results in an accident is responsible for the injuries of the victim.

A lawyer may use the "reasonable person" standard to establish the existence of a duty of care and then prove that the defendant did not satisfy the standard through his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also establish that the breach of duty of the defendant was the primary cause of his or her injuries. It can be more difficult to prove this than a breach of duty. A defendant may have run through a red light but that's not what caused the crash on your bicycle. This is why causation is frequently disputed by the defendants in cases of crash.

Causation

In Motor Vehicle Accident Attorney vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if a plaintiff sustained an injury to his neck in an accident that involved rear-ends and their lawyer will claim that the collision caused the injury. Other factors that contributed to the collision, like being in a stationary vehicle are not considered to be culpable and motor vehicle accident won't affect the jury's determination of the degree of fault.

It is possible to establish a causal relationship between a negligent act and the psychological issues of the plaintiff. It could be that the plaintiff has a troubled past, has a bad relationship with their parents, or is a user of drugs or alcohol.

If you have been in a serious motor vehicle accident it is crucial to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident commercial and motor vehicle Accident attorney business litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent medical professionals across a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

In milpitas motor vehicle accident law firm vehicle litigation, a person can recover both economic and noneconomic damages. The first type of damages includes all costs that are easily added together and calculated into the total amount, which includes medical expenses, lost wages, repairs to property, and even the possibility of future financial loss, like a diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, including the suffering of others and the loss of enjoyment of life, which cannot be reduced to a dollar amount. However, these damages must be proven to exist using extensive evidence, such as deposition testimony of the plaintiff's close family members and friends, medical records, and other expert witness testimony.

In the event of multiple defendants, courts will often use comparative fault rules to determine the amount of damages that should be divided between them. The jury has to determine the amount of fault each defendant is responsible for the incident and then divide the total damages awarded by the percentage. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of these trucks and cars. The resulting analysis of whether the presumption of permissive usage applies is complicated, and typically only a convincing evidence that the owner explicitly denied permission to operate the car will overcome it.