motor vehicle accident attorney Vehicle Litigation

If liability is contested then it is necessary to file a lawsuit. The Defendant will then have the chance to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you to be at fault for causing the crash the damages awarded will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant had an obligation of care to them. Nearly everyone owes this obligation to everyone else, but those who sit behind the car have an even higher duty to other people in their field of activity. This includes not causing motor vehicle accident law firm vehicle accidents.

In courtrooms, the standard of care is determined by comparing an individual's behavior with what a normal person would do in similar conditions. In the case of medical malpractice, expert witnesses are usually required. Experts with a superior understanding of a certain field may be held to a greater standard of care.

When someone breaches their duty of care, they could cause injury to the victim or their property. The victim is then required to establish that the defendant's breach of duty caused the damage and injury they have suffered. Causation is a crucial element of any negligence claim. It involves proving both the proximate and actual causes of the damage and injury.

For instance, if a person 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 accountable for repairs. But the reason for the crash might be a cut from a brick that later develops into a serious infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by the defendant. This must be proved in order to obtain compensation for a personal injury claim. A breach of duty is when the actions of the at-fault party are not in line with what a normal person would do under similar circumstances.

For instance, a physician has a variety of professional obligations to his patients that are governed by laws of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians to drive safely and obey traffic laws. If a driver violates this obligation and results in an accident is responsible for the victim's injuries.

A lawyer may use the "reasonable person" standard to establish the existence of the duty of care and then prove that the defendant did not comply with the standard in his actions. It is a matter of fact for the jury to decide if the defendant fulfilled the standard or not.

The plaintiff must also establish that the breach of duty by the defendant was the proximate cause of his or her injuries. This can be more difficult to prove than the existence of a duty and breach. For instance it is possible that a defendant crossed a red light, but his or her action was not the primary cause of the crash. For this reason, causation is frequently disputed by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. For instance, if a plaintiff suffered a neck injury from an accident that involved rear-ends and his or her lawyer would claim that the collision caused the injury. Other factors that are essential in causing the collision such as being in a stationary vehicle are not culpable, and motor vehicle accident law firm do not affect the jury's determination of the liability.

It could be more difficult to prove a causal link between a negligent act and the plaintiff's psychological problems. It may be because the plaintiff has a troubled past, a poor relationship with their parents, or has used alcohol or drugs.

It is essential to speak with an experienced attorney in the event that you've 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, as well as motor vehicle accident cases. Our lawyers have built working relationships with independent physicians in many areas of expertise as well as expert witnesses in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a person can be able to recover both economic and noneconomic damages. The first category of damages is the costs of monetary value that are easily added together and calculated into the total amount, which includes medical treatment and lost wages, repairs to property, or even a future financial loss, like the loss of earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment of life can't be reduced to money. These damages must be proved through extensive evidence like depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages award should be allocated between them. This requires the jury to determine how much fault each defendant incurred in the accident and to then divide the total damages awarded by that percentage of blame. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these vehicles and trucks. The process of determining whether the presumption is permissive is complex. Most of the time the only way to prove that the owner refused permission to the driver to operate the vehicle will overcome the presumption.