Motor Vehicle Litigation

When liability is contested, it becomes necessary to make a complaint. The defendant has the right 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, your damages will be reduced based on your percentage of fault. There is one 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 case of negligence, the plaintiff must show that the defendant had the duty of care towards them. This duty is owed by everyone, but people who operate a vehicle owe an even greater obligation to other drivers in their field. This includes not causing accidents in motor vehicles.

Courtrooms compare an individual's actions to what a typical person would do in similar circumstances to establish what is a reasonable standard of care. This is why expert witnesses are often required in cases involving medical malpractice. Experts with a higher level of expertise in a particular field can also be held to a higher standard of care than other individuals in similar situations.

If a person violates their duty of care, it can cause damage to the victim as well as their property. The victim has to prove that the defendant breached their duty and caused the injury or damage that they suffered. Causation is an important part of any negligence claim. It involves proving the actual and proximate causes of the damages and injuries.

For example, if someone runs a red light, it's likely that they'll be struck by another car. If their vehicle is damaged, they will be responsible for the repairs. But the reason for the crash might be a cut or the brick, which then develops into a dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proven to win compensation in a personal injury lawsuit. A breach of duty happens when the actions of the party at fault are not in line with what an average person would do in similar circumstances.

For instance, a physician is required to perform a number of professional duties for his patients, arising from the law of the state and licensing boards. Drivers are required to take care of other drivers and pedestrians, and to respect traffic laws. If a motorist violates this duty of care and creates an accident, he is responsible for the injuries sustained by the victim.

Lawyers can use the "reasonable persons" standard to prove that there is a duty of prudence and then show that the defendant did not adhere to this standard in his conduct. It is a question of fact for the jury to decide if the defendant met the standard or not.

The plaintiff must also demonstrate that the breach by the defendant was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant could have run through a red light but that's not what caused the crash on your bicycle. For this reason, the causation issue is often contested by the defendants in cases of crash.

Causation

In spokane motor vehicle accident attorney vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. For example, provo motor vehicle accident lawsuit if the plaintiff sustained neck injuries as a result of an accident that involved rear-ends and their lawyer will argue that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary car are not culpable and will not influence the jury's determination of the degree of fault.

It can be difficult to establish a causal link between an act of negligence and the plaintiff's psychological symptoms. It may be that the plaintiff has a troubled past, has a difficult relationship with their parents, or is a user of alcohol or drugs.

If you have been in an accident involving a Provo motor Vehicle Accident Lawsuit vehicle that was serious it is essential to consult an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, as well as motor vehicle accident cases. Our lawyers have established working relationships with independent doctors in different specialties, as well as experts in computer simulations as well as reconstruction of accidents.

Damages

The damages a plaintiff may recover in a motor vehicle case include both economic and non-economic damages. The first type of damages is all monetary costs which can easily be added up and summed up into a total, for example, medical expenses as well as lost wages, repairs to property, and even future financial loss, like loss of earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, and loss of enjoyment of living, cannot be reduced to cash. The damages must be proven through extensive evidence like depositions of family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases where there are multiple defendants, courts will typically use the comparative fault rule to determine the amount of damages to be divided between them. The jury must determine the proportion of fault each defendant is accountable for the accident and then divide the total damages awarded by the same percentage. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in the event of injuries caused by drivers of trucks or cars. The analysis to determine whether the presumption is permissive or not is complicated. The majority of the time it is only a clear evidence that the owner denied permission for the driver to operate the vehicle can overcome the presumption.