motor vehicle accident lawyers Vehicle Litigation

If the liability is challenged then it is necessary to file a lawsuit. The defendant will then be given the opportunity to respond to the complaint.

New York follows pure comparative fault rules which means that in the event that a jury finds you to be at fault for causing an accident, your damages award will be reduced by your percentage of negligence. There is a caveat 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 lawsuit for negligence the plaintiff must show that the defendant owed them a duty to act with reasonable care. Nearly everyone owes this obligation to everyone else, however individuals who get behind the car have a greater obligation to the other drivers in their zone of activity. This includes ensuring that they do not cause accidents in motor motor vehicle accidents vehicle accidents (read this) vehicles.

In courtrooms the standard of care is established by comparing an individual's actions with what a typical person would do under similar circumstances. Expert witnesses are frequently required when cases involve medical malpractice. People with superior knowledge in particular fields may be held to a higher standard of treatment.

When a person breaches their duty of care, they could cause injury to the victim or their property. The victim must then prove that the defendant's breach of their duty caused the harm and damages they sustained. Causation proof is a crucial aspect of any negligence case, and it involves considering both the actual cause of the injury or damages and the proximate reason for the injury or damage.

For instance, if a person runs a red stop sign there is a good chance that they will be hit by a vehicle. If their car is damaged they'll be accountable for repairs. However, the real cause of the accident could be a cut in bricks that later develop into a potentially dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. It must be proven in order to receive compensation in a personal injury case. A breach of duty occurs when the actions of a party who is at fault fall short of what reasonable people would do in similar circumstances.

For instance, a doctor, has a number of professional duties towards his patients, which stem from the law of the state and licensing bodies. Drivers have a duty to protect other motorists and pedestrians, and adhere to traffic laws. When a driver breaches this duty of care and causes an accident, he is liable for the injury suffered by the victim.

A lawyer may use the "reasonable people" standard to establish that there is a duty of care and then prove that the defendant failed to meet the standard in his actions. It is a question of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the primary cause of his or her injuries. It is more difficult to prove this than a breach of duty. For instance the defendant could have been a motorist who ran a red light, but his or her action wasn't the proximate cause of your bike crash. Because of this, the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle accident lawyers vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. For motor vehicle accidents instance, if the plaintiff sustained an injury to his neck in a rear-end collision and his or her lawyer will argue that the collision caused the injury. Other factors that are necessary to cause the collision, like being in a stationary car, are not culpable, and won't affect the jury's decision to determine the degree of fault.

It is possible to establish a causal link between a negligent act and the plaintiff's psychological problems. It could be the case that the plaintiff has a troubled background, a strained relationship with their parents, or is a user of drugs or alcohol.

If you've been involved in a serious motor vehicle accident It is imperative to speak with a seasoned attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, and motor vehicle crash cases. Our lawyers have formed working relationships with independent medical professionals in a range of specialties including expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

The damages plaintiffs can seek in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages includes any monetary costs that are easily added up and calculated as a sum, such as medical expenses and lost wages, property repair and even future financial losses, like diminished earning capacity.

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

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of damages that must be divided between them. The jury must decide the percentage of blame each defendant is accountable for the incident and then divide the total damages awarded by the same percentage. New York law however, doesn't allow this. 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries sustained by drivers of trucks or cars. The subsequent analysis of whether the presumption that permissive use applies is not straightforward and usually only a clear proof that the owner was explicitly denied permission to operate the vehicle will overcome it.