Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant has the right to respond to the complaint.

New York follows pure comparative fault rules, which means that if the jury finds you to be the cause of the crash the damages awarded to you will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles rented out or leased to minors.

Duty of Care

In a negligence suit the plaintiff has to prove that the defendant was obligated to act with reasonable care. This duty is owed by all people, however those who operate a vehicle owe an even higher duty to other drivers in their field. This includes ensuring that they do not cause motor vehicle accidents.

In courtrooms the standard of care is determined by comparing an individual's actions with what a normal person would do in similar conditions. This is why expert witnesses are often required in cases involving medical negligence. Experts who have a superior understanding of a specific area may be held to a higher standard of care than other people in similar situations.

A breach of a person's obligation of care can cause harm to a victim, or their property. The victim is then required to establish that the defendant's breach of their duty resulted in the damage and injury they suffered. Causation is an important part of any negligence claim. It requires proof of both the proximate and actual causes of the damages and injuries.

If a driver is caught running an intersection and fails to obey the stop sign, they could be struck by another vehicle. If their car is damaged they'll be accountable for Motor Vehicle Accident Lawyers the repairs. The reason for a crash could be a brick cut which develops into an infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that needs to be proved in order to receive compensation in a personal injury lawsuit. A breach of duty happens when the actions of a party who is at fault aren't in line with what an average person would do in similar circumstances.

For instance, a doctor has a variety of professional obligations towards his patients. These professional obligations stem from laws of the state and licensing bodies. Motorists owe a duty care to other drivers and pedestrians on the road to be safe and follow traffic laws. Any driver who fails to adhere to this obligation and creates an accident is accountable for the injuries of the victim.

A lawyer can use the "reasonable person" standard to establish the existence of the duty of care and then prove that the defendant did not meet the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also demonstrate that the defendant's breach was the main cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. For example an individual defendant could have crossed a red light, but his or her action was not the sole cause of your bicycle crash. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle accident lawyers (visit Dnpaint Co here >>) vehicle accidents, the plaintiff must prove a causal link between the breach of the defendant and the injuries. If the plaintiff sustained neck injuries in an accident that involved rear-end collisions, his or her attorney will argue that the crash was the cause of the injury. Other elements that are required to cause the collision, like being in a stationary vehicle, are not culpable and do not affect the jury's decision of liability.

For psychological injuries, however, the link between a negligent act and an injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff had an unhappy childhood, a poor relationship with their parents, was a user of alcohol and drugs or had prior unemployment could have a impact on the severity of the psychological issues he or is suffering from following a crash, but the courts typically look at these factors as part of the context from which the plaintiff's accident arose rather than an independent cause of the injuries.

It is important to consult an experienced lawyer in the event that you've been involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident commercial and business litigation, and personal injury cases. Our lawyers have developed relationships with independent physicians with a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well with private investigators.

Damages

The damages that a plaintiff can recover in a motor vehicle case include both economic and non-economic damages. The first type of damages includes all costs that are easily added together and calculated into a total, such as medical treatments as well as lost wages, repairs to property, or even a future financial loss, for instance 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 cannot be reduced to financial value. However the damages must be established to exist by a variety of evidence, such as deposition testimony of the plaintiff's family members and close friends medical records, as well as other expert witness testimony.

In cases that involve multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages awarded should be divided between them. The jury must decide the percentage of blame each defendant carries for the accident, and divide the total damages awarded by that percentage. However, New York law 1602 does not exempt vehicle owners from the comparative negligence rule in cases where injuries are sustained by drivers of trucks or cars. The process to determine if the presumption of permissiveness is complex. The majority of the time it is only a clear evidence that the owner denied permission to the driver to operate the vehicle can overrule the presumption.