motor vehicle accident lawyer Vehicle Litigation

If the liability is challenged in court, it becomes necessary to bring a lawsuit. The Defendant has the right 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, your damages will be reduced according to your percentage of fault. This rule is not applicable to the owners of vehicles that are that are rented or leased out to minors.

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant owed an obligation of care to them. This duty is due to all, but those who operate a vehicle have an even greater obligation to other people in their field. This includes not causing car accidents.

In courtrooms, the standards of care are determined by comparing an individual's conduct to what a normal person would do in similar situations. In the case of medical malpractice, expert witnesses are usually required. Experts who have a superior understanding in a particular field can also be held to an higher standard of care than others in similar situations.

A person's breach of their duty of care may cause harm to a victim, or their property. The victim must prove that the defendant's breach of duty caused the damage and injury they sustained. 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 a driver runs a red stop sign, it's likely that they will be hit by a car. If their car is damaged they'll be responsible for the repairs. The reason for the crash could be a cut or bricks, which later turn into a potentially dangerous infection.

Breach of Duty

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

For instance, a physician has several professional obligations to his patients, arising from laws of the state and licensing boards. Motorists have a duty of care to other drivers and pedestrians on the road to drive safely and obey traffic laws. If a driver violates this duty and causes an accident is accountable for the injuries of the victim.

A lawyer may use the "reasonable individuals" standard to show that there is a duty of care and then show that defendant did not comply with this standard in his actions. It is a matter of fact that the jury has to decide if the defendant was in compliance with the standard or not.

The plaintiff must also prove that the breach of duty of the defendant was the primary cause of the injuries. It is more difficult to prove this than a breach of duty. For instance it is possible that a defendant been a motorist who ran a red light, motor vehicle accident however, the act wasn't the proximate cause of your bike crash. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. For instance, if a plaintiff suffered an injury to his neck in an accident that involved rear-ends and their lawyer could claim that the collision caused the injury. Other factors that are necessary in causing the collision such as being in a stationary car, are not culpable and will not affect the jury's determination of liability.

For psychological injuries, however, the link between a negligent act and an affected plaintiff's symptoms can be more difficult to establish. It may be that the plaintiff has a rocky background, a strained relationship with their parents, or is a user of alcohol or drugs.

It is crucial to consult an experienced lawyer when you've been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents, commercial and business litigation, and motor vehicle Accident personal injury cases. Our lawyers have formed working relationships with independent doctors in different specialties, as well as experts in computer simulations and reconstruction of accident.

Damages

The damages that a plaintiff may recover in motor vehicle accident law firm vehicle litigation can include both economic and non-economic damages. The first category of damages comprises any financial expenses that can be easily added up and calculated as an amount, like medical expenses or lost wages, property repair, and even future financial losses, such as diminished earning capacity.

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

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of damages to be divided between them. The jury has to determine the percentage of fault each defendant is accountable for the incident, and divide the total amount of damages awarded by the same percentage. However, New York law 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are sustained by drivers of cars or trucks. The method of determining if the presumption of permissiveness is complicated. Most of the time it is only a clear evidence that the owner was not able to grant permission for the driver to operate the vehicle will overcome the presumption.