motor vehicle accident attorney Vehicle Litigation

If liability is contested, it becomes necessary to start a lawsuit. The defendant has the right to respond to the complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines you to be responsible 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 the owners of vehicles that are rented or leased by minors.

Duty of Care

In a negligence lawsuit the plaintiff has to prove that the defendant was obligated to act with reasonable care. This duty is owed to all people, however those who operate vehicles owe an even higher duty to other people in their field. This includes ensuring that they don't cause accidents with motor vehicles.

In courtrooms the quality of care is determined by comparing an individual's conduct to what a normal person would do in the same situations. In cases of medical malpractice, expert witnesses are usually required. Experts with a higher level of expertise of a specific area may also be held to the highest standards of care than other people in similar situations.

When someone breaches their duty of care, it can cause injury to the victim or their property. The victim must prove that the defendant acted in breach of their obligation and caused the damage or damages they suffered. Proving causation is an essential part of any negligence case which involves looking at both the actual cause of the injury or damages, as well as the causal cause of the injury or damage.

If a driver is caught running the stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their vehicle is damaged, they will need to pay for repairs. The reason for a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved in order to secure compensation in a personal injury claim. A breach of duty is when the actions of the at-fault person are not in line with what a normal person would do under similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients based on the law of the state and licensing boards. Drivers have a duty to be considerate of other drivers and pedestrians, and to obey traffic laws. If a driver violates this obligation and creates an accident is accountable for the victim's injuries.

A lawyer can rely on the "reasonable individuals" standard to establish that there is a duty to be cautious and then show that defendant did not meet this standard in his actions. It is a matter of fact that the jury has to decide whether the defendant met the standard or not.

The plaintiff must also prove 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 or breach. For example an individual defendant could have crossed a red line, however, the act was not the sole cause of your bike crash. For this reason, causation is often contested by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffers an injury to the neck in an accident with rear-end damage, his or her attorney would argue that the accident caused the injury. Other factors that are essential to produce the collision, such as being in a stationary car, are not culpable and will not affect the jury's determination of the liability.

For psychological injuries, however, the link between an act of negligence and an injured plaintiff's symptoms could be more difficult to establish. It may be because the plaintiff has a rocky past, has a bad relationship with their parents, motor vehicle Accident attorney or has used drugs or alcohol.

It is essential to speak with an experienced attorney should you be involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents cases, business and commercial litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent doctors in many areas of expertise as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

In Motor Vehicle Accident Attorney vehicle litigation, a person can be able to recover both economic and noneconomic damages. The first type of damages encompasses the costs of monetary value that can be easily added together and calculated into an overall amount, including medical expenses, lost wages, repairs to property, Motor Vehicle Accident Attorney and even future financial loss, for instance a diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment of life cannot be reduced to monetary value. However, these damages must be proved to exist through extensive evidence, including deposition testimony of the plaintiff's close friends and family members, medical records, and other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine the proportion of damages award should be allocated between them. The jury must decide the proportion of fault each defendant is accountable for the incident and then divide the total damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these trucks and cars. The process of determining whether the presumption of permissiveness is complex. Most of the time the only way to prove that the owner was not able to grant permission to the driver to operate the vehicle can overrule the presumption.