motor vehicle accident attorneys Vehicle Litigation

When liability is contested, it becomes necessary to start a lawsuit. The defendant then has the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds that you were at fault for an accident and you are found to be at fault, your damages will be reduced based on your percentage of blame. There is one 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 case, the plaintiff must prove that the defendant owed an obligation of care to them. Most people owe this duty to everyone else, but those who are behind the car have a greater obligation to others in their area of operation. 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 conditions. Expert witnesses are frequently required in cases involving medical negligence. Experts with a higher level of expertise of a specific area may be held to a higher standard of care than others in similar situations.

A person's breach of their duty of care can cause harm to a victim or their property. The victim is then required to demonstrate that the defendant did not fulfill their duty of care and caused the injury or damages they suffered. The proof of causation is an essential aspect of any negligence case which involves looking at both the actual reason for the injury or damages, as well as the causal reason for the damage or injury.

For example, if someone runs a red light then 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 might be a cut in a brick that later develops into a deadly infection.

Breach of Duty

The second element of negligence is the breach of duty by a defendant. It must be proven for compensation for a personal injury claim. A breach of duty occurs when the actions of a party who is at fault aren't in line with what reasonable people would do in similar circumstances.

A doctor, for example has many professional obligations to his patients that are derived from laws of the state and licensing bodies. Drivers are bound to care for other drivers and pedestrians, and to respect traffic laws. If a driver violates this duty of care and results in an accident, he is responsible for the injuries sustained by the victim.

A lawyer can use the "reasonable person" standard to establish the existence of the duty of care, and then prove that the defendant failed to satisfy the standard through his actions. It is a question of fact that the jury has to decide if the defendant fulfilled the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the main cause of the injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant might have walked through a red light, but that wasn't what caused the bicycle accident. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle cases, the plaintiff must establish an causal link between breach by the defendant and their injuries. If the plaintiff suffered neck injuries as a result of a rear-end collision the attorney for the plaintiff will argue that the crash caused the injury. Other factors that are essential to produce the collision, like being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's determination of the liability.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms may be more difficult to establish. It may be because 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 a serious motor vehicle accident lawyers vehicle crash It is imperative to consult with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, and motor vehicle accident cases. Our lawyers have established working relationships with independent physicians in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages a plaintiff can recover in motor vehicle litigation can include both economic and motor vehicle accident non-economic damages. The first category of damages is any monetary expenses that can be easily added up and calculated as a total, for example, medical expenses or lost wages, property repair, and even future financial losses, like a diminished earning capacity.

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

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages award should be allocated between them. This requires the jury to determine how much fault each defendant was responsible for the accident and to then divide the total damages award by the percentage of blame. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of the vehicles. The method of determining if the presumption is permissive is complex. In general, only a clear demonstration that the owner refused permission for the driver to operate the vehicle can be able to overcome the presumption.