Motor Vehicle Litigation

If liability is contested and the liability is disputed, 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, which means that when a jury finds you to be at fault for causing the crash the damages awarded to you will be reduced by the percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors.

Duty of Care

In a negligence suit, the plaintiff must prove that the defendant was obligated to act with reasonable care. This duty is due to everyone, but people who operate a vehicle owe an even greater obligation to other people in their field. This includes ensuring that they do not cause accidents in motor vehicle accident attorneys vehicles.

Courtrooms evaluate an individual's behavior to what a typical individual would do in similar circumstances to determine a reasonable standard of care. This is why expert witnesses are often required in cases involving medical malpractice. Experts who have a greater understanding of specific fields could be held to a greater standard of medical care.

A breach of a person's duty of care could cause harm to a victim or their property. The victim is then required to prove that the defendant acted in breach of their duty and caused the injury or damage that they suffered. Causation is an important part of any negligence claim. It involves proving both the primary and secondary causes of the damage and motor Vehicle accident attorneys injury.

If someone runs the stop sign then they are more likely to be struck by a vehicle. If their car is damaged they'll be responsible for repairs. However, the real cause of the crash might be a cut from the brick, which then develops into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by an individual defendant. The breach of duty must be proved in order to be awarded compensation for a personal injury claim. A breach of duty occurs when the actions of the person who is at fault fall short of what an ordinary person would do in similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients, arising from laws of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians on the road to be safe and follow traffic laws. When a driver breaches this duty of care and results in an accident, he is liable for the injury suffered by the victim.

Lawyers can use the "reasonable individuals" standard to demonstrate that there is a duty of care and then show that the defendant did not meet the standard in his actions. It is a question of fact that the jury has to decide whether the defendant met the standard or not.

The plaintiff must also demonstrate that the breach of duty by the defendant was the direct 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 run a red light however, the act wasn't the main cause of your bike crash. Because of this, the causation issue is often contested by the defendants in cases of crash.

Causation

In motor vehicle accident lawyers vehicle-related cases, the plaintiff must establish that there is a causal connection between the breach of the defendant and the injuries. If a plaintiff suffered a neck injury in a rear-end collision the attorney for the plaintiff would argue that the accident caused the injury. Other factors that contributed to the collision, like being in a stationary car are not considered to be culpable and will not influence the jury's determination of the degree of fault.

It could be more difficult to establish a causal link between a negligent act and the plaintiff's psychological symptoms. It could be that the plaintiff has a troubled background, a strained relationship with their parents, or has abused alcohol or drugs.

It is essential to speak with an experienced attorney should you be involved in a serious car accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, and motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians in different specialties, as well as experts in computer simulations and accident reconstruction.

Damages

In motor vehicle accident Attorneys vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first type of damages is the costs of monetary value that are easily added together and summed up into a total, such as medical treatments or lost wages, repair to property, motor Vehicle accident attorneys or even a future financial losses, such as diminished earning capacity.

New York law also recognizes the right to seek non-economic damages such as pain and suffering as well as loss of enjoyment, which cannot be reduced to a monetary amount. The damages must be proven through extensive evidence such as depositions of family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages to be split between them. This requires the jury to determine the degree of fault each defendant had for the accident, and then divide the total amount of damages by that percentage of fault. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of those cars and trucks. The subsequent analysis of whether the presumption of permissiveness is applicable is a bit nebulous and usually only a convincing evidence that the owner specifically did not have permission to operate his vehicle will be able to overcome it.