Motor Vehicle Litigation

A lawsuit is required when liability is in dispute. 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 that you are responsible for an accident the damages you incur will be reduced based on your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors.

Duty of Care

In a negligence suit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. This duty is owed by all people, however those who operate a vehicle owe an even higher duty to other people in their field. This includes ensuring that they don't cause accidents with motor vehicles.

In courtrooms, the standard of care is established by comparing an individual's behavior against what a normal individual would do in similar circumstances. This is why expert witnesses are frequently required in cases of medical malpractice. Experts who have a superior understanding in a particular field can be held to an higher standard of care than others in similar situations.

A breach of a person's duty of care can cause harm to a victim or their property. The victim must then demonstrate that the defendant's violation of duty caused the harm and damages they sustained. The proof of causation is an essential element in any negligence case, and it involves considering both the actual reason for the injury or damages, as well as the causal cause of the damage or injury.

If someone runs an stop sign it is likely that they will be struck by a vehicle. If their vehicle is damaged, they will have to pay for the repairs. The cause of a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. This must be proven in order to be awarded compensation in a personal injury case. A breach of duty is when the actions of the person at fault fall short of what an ordinary person would do under similar circumstances.

A doctor, for instance, has a number of professional duties towards his patients that are derived from state law and licensing bodies. Drivers are obliged to care for other drivers as well as pedestrians, and to obey traffic laws. If a driver violates this duty and causes an accident is responsible for the injuries suffered by the victim.

Lawyers can use the "reasonable individuals" standard to prove that there is a duty of caution and then show that the defendant did not meet this standard with his actions. It is a matter of fact that the jury has to decide if 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. This can be more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light, but that's not the cause of the crash on your bicycle. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle cases the plaintiff must establish a causal link between the breach by the defendant and their injuries. If a plaintiff suffers neck injuries in a rear-end accident, his or her attorney would argue that the accident was the reason for 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.

For psychological injuries, however, the link between an act of negligence and an victim's afflictions may be more difficult to establish. It could be the case that the plaintiff has had a difficult past, has a difficult relationship with their parents, or has abused drugs or alcohol.

It is essential to speak with an experienced attorney should you be involved in a serious car accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents vehicle accident commercial and business litigation, and personal injury cases. Our lawyers have formed working relationships with independent doctors in many specialties as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages a plaintiff may recover in Motor motor vehicle accident lawyer vehicle accident lawyer (gwwa.yodev.Net) vehicle litigation can include both economic and non-economic damages. The first type of damages includes all financial costs that can be easily added together and calculated as an overall amount, including medical treatments, lost wages, repairs to property, and even financial losses, such as a diminished earning capacity.

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

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages award should be allocated between them. The jury must determine how much responsibility each defendant incurred in the accident and to then divide the total damages award by the percentage of blame. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are suffered by drivers of cars or trucks. The resulting analysis of whether the presumption that permissive use applies is complicated and typically only a clear proof that the owner has explicitly was not granted permission to operate the vehicle will be able to overcome it.