Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that if a jury finds you to be responsible for an accident, your damages will be reduced based on your percentage of fault. This rule does not apply to the owners of vehicles that are which 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. This duty is owed to everyone, but people who drive a vehicle owe an even greater obligation to others in their field. This includes ensuring that they don't cause car accidents.

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

If a person violates their duty of care, they could cause harm to the victim and/or their property. The victim must show that the defendant's infringement of their duty led to the harm and damages they sustained. The proof of causation is an essential part of any negligence case, and it involves looking at both the actual causes of the injury damages as well as the proximate cause of the injury or damage.

If a driver is caught running the stop sign then they are more likely to be hit by another vehicle. If their vehicle is damaged, they'll be responsible for repairs. But the reason for the crash could be a cut on the brick, which then develops into a deadly infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved in order to receive compensation in a personal injury case. A breach of duty happens when the actions of the party at fault aren't in line with what a reasonable person would do in similar circumstances.

A doctor, for instance is a professional with a range of professional obligations to his patients. These obligations stem from state law and motor vehicle accident Lawyers licensing bodies. Motorists owe a duty care to other drivers and pedestrians to be safe and follow traffic laws. Drivers who violate this obligation and creates an accident is accountable for the injuries of the victim.

A lawyer may use the "reasonable persons" standard to show that there is a duty to be cautious and then demonstrate that defendant did not comply with this standard with his actions. It is a question of fact for the jury to decide if the defendant fulfilled the standard or not.

The plaintiff must also prove that the defendant's negligence was the primary cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant may have run through a red light, but that wasn't what caused the bicycle accident. For this reason, causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle accidents vehicle cases the plaintiff must prove an causal link between defendant's breach and their injuries. If a plaintiff suffered neck injuries in a rear-end accident, his or her attorney would argue that the collision was the reason for the injury. Other factors that are needed to produce the collision, such as being in a stationary car, are not culpable and do not affect the jury's decision of the liability.

It may be harder to prove a causal link between a negligent act and the psychological issues of the plaintiff. The fact that the plaintiff suffered from a an uneasy childhood, a bad relationship with his or her parents, was a user of alcohol and drugs or previous unemployment may have some influence on the severity the psychological issues he or suffers following an accident, but courts typically consider these factors as part of the context from which the plaintiff's accident occurred, rather than as an independent cause of the injuries.

If you've been involved in an accident involving a motor vehicle accidents vehicle that was serious it is essential to speak with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident, commercial and business litigation, and personal injury cases. Our lawyers have built working relationships with independent physicians in many specialties, as well experts in computer simulations and reconstruction of accidents.

Damages

In Motor vehicle accident lawyers vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first category of damages encompasses all financial costs that can easily be added up and summed up into a total, such as medical expenses, lost wages, repairs to property, and even financial losses, such as the loss of earning capacity.

New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment of living cannot be reduced to monetary value. These damages must be established by a wide array of evidence, including depositions of family members and friends of the plaintiff or medical records, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages awarded should be split between them. The jury will determine the amount of fault each defendant is responsible for the incident, and divide the total damages awarded by the same percentage. New York law however, doesn't allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of trucks or cars. The resulting analysis of whether the presumption that permissive use applies is complex, and typically only a clear showing that the owner has explicitly refused permission to operate the car will be sufficient to overcome it.