motor vehicle accident attorneys Vehicle Litigation

When a claim for liability is litigated in court, it becomes necessary to make a complaint. The defendant has the right to respond to the complaint.

New York follows pure comparative fault rules which means that should a jury find that you are responsible for causing the crash the damages awarded to you will be reduced by your percentage of negligence. This rule does not apply to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a lawsuit for negligence the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. The majority of people owe this obligation to everyone else, but individuals who get behind the driving wheel of a motorized vehicle have an even higher duty to others in their area of operation. This includes not causing accidents in motor vehicle Accident attorney vehicles.

In courtrooms, the standard of care is determined by comparing an individual's behavior with what a typical person would do under similar conditions. 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 higher standard of treatment.

A breach of a person's duty of care may cause injury to a victim or their property. The victim then has to demonstrate that the defendant did not fulfill their obligation and caused the damage or damages they suffered. Causation is a key element of any negligence claim. It involves proving both the primary and secondary causes of the injuries and damages.

For instance, if someone runs a red light, it's likely that they'll be struck by a vehicle. If their vehicle is damaged, they will need to pay for repairs. But the reason for the accident could be a cut on the brick, which then develops into a serious infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proved in order to receive compensation in a personal injury lawsuit. A breach of duty happens when the actions of the party at fault are not in line with what a reasonable person would do in similar circumstances.

A doctor, for instance has many professional duties towards his patients, which stem from state law and licensing bodies. Motorists owe a duty care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. When a driver breaches this obligation of care and motor vehicle accident attorney results in an accident, the driver is responsible for the injuries sustained by the victim.

A lawyer may use the "reasonable people" standard to establish that there is a duty of caution and then show that defendant failed to meet this standard with his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also prove that the breach of duty by the defendant was the main cause of the injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For example the defendant could have crossed a red light, but the action was not the primary reason for your bicycle crash. Because of this, causation is often challenged by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the breach by the defendant and their injuries. For instance, if the plaintiff sustained an injury to his neck in an accident that involved rear-ends and his or her lawyer might argue that the collision was the cause of the injury. Other factors that are necessary to cause the collision, like being in a stationary vehicle is not culpable and won't affect the jury's determination of the fault.

It could be more difficult to establish a causal connection between a negligent act, and the plaintiff's psychological symptoms. It could be because the plaintiff has had a difficult background, a strained relationship with their parents, or has abused drugs or alcohol.

It is important to consult an experienced attorney if you have been involved in a serious accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have established working relationships with independent physicians in various specialties, as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

The damages that plaintiffs can seek in motor vehicle litigation include both economic and non-economic damages. The first category of damages includes all monetary costs which can easily be summed up and then calculated into a total, for example, medical treatments and lost wages, repairs to property, and even the possibility of future financial losses, such as diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, such as suffering and pain, as well as loss of enjoyment of life which cannot be reduced to a dollar amount. These damages must be established with a large amount of evidence, such as depositions of family members and friends of the plaintiff, medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts will typically use the comparative fault rule to determine the amount of damages to be split between them. This requires the jury to determine how much fault each defendant was at fault for the accident and then divide the total damages award by that percentage of the fault. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are suffered by drivers of trucks or cars. The resulting analysis of whether the presumption that permissive use applies is complicated, and typically only a clear showing that the owner was explicitly denied permission to operate the vehicle will be able to overcome it.