santa monica motor vehicle accident lawsuit Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant then has the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that if a jury finds you to be at fault for an accident the amount of damages you will be reduced based on your percentage of blame. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a lawsuit for negligence the plaintiff must show that the defendant owed them a duty to exercise reasonable care. Almost everybody owes this duty to everyone else, however those who are behind the driving wheel of a motorized vehicle are obligated to the other drivers in their zone of operation. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the standard of care is established by comparing an individual's conduct to what a normal person would do under similar circumstances. This is why expert witnesses are frequently required in cases involving medical negligence. Experts who are knowledgeable in a particular field can be held to an even higher standard of care than other people in similar situations.

A person's breach of their obligation of care can cause harm to a victim or their property. The victim has to prove that the defendant acted in breach of their duty and caused the harm or damages they sustained. Causation is an essential element of any negligence claim. It involves proving the proximate and real causes of the damages and injuries.

For instance, if someone runs a red stop sign, it's likely that they will be hit by a car. If their car is damaged, they will be responsible for the repairs. The reason for the crash could be a cut from bricks, which later turn into a dangerous infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that needs to be proved to obtain compensation in a personal injury case. A breach of duty happens when the actions of the person at fault do not match what an average person would do in similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients stemming from state law and licensing boards. Motorists have a duty of care to other motorists and pedestrians on the road to drive in a safe manner and adhere to traffic laws. Any driver who fails to adhere to this duty and causes an accident is accountable for the victim's injuries.

Lawyers can use the "reasonable individuals" standard to demonstrate that there is a duty to be cautious and then show that the defendant did not comply with this standard in his conduct. It is a question of fact that the jury has to decide whether the defendant complied with the standard or not.

The plaintiff must also prove that the breach of duty of the defendant was the proximate cause of his or her injuries. It can be more difficult to prove this than a breach of duty. A defendant could have run through a red light, but that's not the cause of the accident on your bicycle. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle cases, motor vehicle accident the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. For instance, if a plaintiff suffered an injury to the neck as a result of a rear-end collision, his or her lawyer will argue that the collision caused the injury. Other elements that could have caused the collision, like being in a stationary vehicle is not culpable and will not affect the jury’s determination of the degree of fault.

It may be harder to prove a causal link between a negligent act and the psychological issues of the plaintiff. It may be the case that the plaintiff has a troubled past, a poor relationship with their parents, or has been a user of alcohol or drugs.

It is crucial to consult an experienced lawyer in the event that you've been involved in a serious motor accident. The attorneys 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 established working relationships with independent physicians with a variety of specialties including expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

In tampa motor vehicle accident lawsuit vehicle litigation, a plaintiff could get both economic and non-economic damages. The first category of damages is all costs that can easily be added up and then calculated into a total, such as medical treatments, lost wages, repairs to property, and even future financial loss, such the loss of earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment of life are not able to be reduced to money. These damages must be established through extensive evidence like depositions of family members and friends of the plaintiff or medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts will typically employ comparative fault rules to determine the amount of total damages to be divided between them. The jury must determine the percentage of blame each defendant is accountable for the accident and then divide the total damages awarded by the percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of the vehicles. The resulting analysis of whether the presumption that permissive use applies is not straightforward and usually only a convincing evidence that the owner explicitly was not granted permission to operate the car will overcome it.