motor vehicle accident attorney Vehicle Litigation

If the liability is challenged, it becomes necessary to file a lawsuit. The defendant has the option to respond to the complaint.

New York follows pure comparative fault rules which means that should a jury find you to be at fault for causing the accident, your damages award will be reduced by the percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant had an obligation of care to them. Most people owe this duty to everyone else, but those who take the driving wheel of a motorized vehicle are obligated to other people in their field of activity. This includes not causing accidents in Motor vehicle accident law firms vehicles.

In courtrooms the standards of care are determined by comparing an individual's conduct with what a typical person would do in similar conditions. Expert witnesses are often required in cases of medical malpractice. Experts with a higher level of expertise of a specific area may be held to an even higher standard of care than others in similar situations.

If a person violates their duty of care, it may cause harm to the victim and/or their property. The victim is then required to prove that the defendant's breach of their duty resulted in the injury and damages that they have suffered. Causation is an essential element of any negligence claim. It involves proving both the proximate and real causes of the damages and injuries.

For instance, if a driver is stopped at a red light then it's likely that they will be hit by a vehicle. If their vehicle is damaged, they'll be responsible for repairs. The reason for the crash could be a brick cut which develops into an infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that needs to be proved to obtain compensation in a personal injury lawsuit. A breach of duty is when the actions of the person at fault are insufficient to what a normal person would do in similar circumstances.

A doctor, for instance, has several professional obligations to his patients that are governed by laws of the state and licensing boards. Drivers are bound to be considerate of other drivers and pedestrians, and adhere to traffic laws. If a motorist violates this duty of care and results in an accident, the driver is liable for the injuries suffered by the victim.

Lawyers can use the "reasonable individuals" standard to establish that there is a duty of prudence and then show that defendant failed to meet this standard in his conduct. It is a matter of fact for the jury to decide whether the defendant fulfilled the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the primary cause for his or her injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example an individual defendant could have run a red light but the action was not the primary reason for your bicycle crash. In this way, causation is often contested by the defendants in cases of crash.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. For instance, if the plaintiff sustained a neck injury from an accident that involved rear-ends and their lawyer would claim that the collision caused the injury. Other elements that could have caused the collision, motor vehicle accident law firms like being in a stationary car is not culpable and will not influence the jury's decision to determine the cause of the accident.

It could be more difficult to establish a causal link between a negligent action and the plaintiff's psychological symptoms. It could be because the plaintiff has a turbulent past, a poor relationship with their parents, or is a user of alcohol or drugs.

It is important to consult an experienced lawyer if you have been involved in a serious motor vehicle accident attorneys vehicle 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 developed working relationships with independent physicians across a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

In motor vehicle litigation, a plaintiff may get both economic and non-economic damages. The first category of damages is all costs that can easily be summed up and calculated as a total, such as medical expenses and lost wages, repairs to property, and even financial losses, such as a diminished earning capacity.

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

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of total damages to be split between them. The jury has to determine the percentage of fault each defendant is responsible for the incident and then divide the total damages awarded by that percentage. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in the event of injuries sustained by the drivers of trucks or cars. The process of determining whether the presumption is permissive or not is complex. Most of the time the only way to prove that the owner did not grant permission to the driver to operate the vehicle will overrule the presumption.