motor vehicle accident attorney Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant is entitled 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 were at fault for an accident, your damages will be reduced according to your percentage of fault. This rule is not applicable to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence lawsuit 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 greater duty to other people in their field. This includes not causing car accidents.

Courtrooms assess an individual's actions to what a typical individual would do in similar circumstances to establish what is a reasonable standard of care. This is why expert witnesses are frequently required in cases involving medical malpractice. Experts with a superior understanding of particular fields may be held to a greater standard of care.

A person's breach of their obligation of care can cause harm to the victim or their property. The victim must show that the defendant's infringement of their duty led to the injury and damages that they suffered. The proof of causation is an essential aspect of any negligence case and involves taking into consideration both the real reason for the injury or damages, as well as the causal cause of the damage or injury.

If a person is stopped at a stop sign and fails to obey the stop sign, they could be hit by another vehicle. If their car is damaged, they'll be required to pay for repairs. The reason for a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. The breach of duty must be proved for compensation for personal injury claims. A breach of duty occurs when the at-fault party's actions fall short of what reasonable people would do in similar circumstances.

A doctor, motor vehicle Accident lawsuits for example is a professional with a range of professional obligations towards his patients. These professional obligations stem from state law and licensing bodies. Motorists have a duty of care to other motorists and pedestrians on the road to be safe and follow traffic laws. If a driver violates this duty of care and results in an accident, the driver is responsible for the injury suffered by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of the duty of care, and then prove that the defendant did not meet the standard in his actions. It is a matter of fact for the jury to decide if the defendant met the standard or motor Vehicle accident lawsuits not.

The plaintiff must also prove that the breach of duty by the defendant was the main cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant could have run through a red light however, that's not the reason for the bicycle accident. Because of this, causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between breach of the defendant and the injuries. If the plaintiff sustained a neck injury in an accident that involved rear-end collisions and his or her attorney will argue that the incident caused the injury. Other factors that are essential to cause the collision, such as being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's determination of the liability.

It may be harder to establish a causal relationship between a negligent act, and the plaintiff's psychological symptoms. It could be that the plaintiff has a turbulent past, has a difficult relationship with their parents, or has been a user of alcohol or drugs.

It is essential to speak with an experienced lawyer if you have been involved in a serious motor vehicle accident lawsuits accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation and motor vehicle accident cases. Our lawyers have formed relationships with independent physicians in a range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, and with private investigators.

Damages

In motor vehicle litigation, a plaintiff may be able to recover both economic and noneconomic damages. The first category of damages covers the costs of monetary value that can easily be added up and summed up into an overall amount, including medical expenses and lost wages, repairs to property, and even future financial loss, like diminished earning capacity.

New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment cannot be reduced to financial value. However the damages must be proven to exist through extensive evidence, such as deposition testimony from plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the damages awarded should be divided between them. This requires the jury to determine the degree of fault each defendant incurred in the incident and then divide the total amount of damages by the percentage of blame. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of these trucks and cars. The process to determine if the presumption is permissive or not is complicated. Most of the time it is only a clear evidence that the owner did not grant permission to the driver to operate the vehicle can be sufficient to overturn the presumption.