motor vehicle accident attorneys Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. 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 responsible for an accident the amount of damages awarded will be reduced by your percentage of negligence. This rule does not apply to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant had an obligation of care to them. This duty is owed by everyone, but those who operate a vehicle have an even higher duty to other drivers in their field. This includes ensuring that they do not cause accidents in motor vehicle accident attorneys vehicles.

Courtrooms examine an individual's conduct to what a typical individual would do under similar circumstances to establish what is reasonable standards of care. In the event of medical negligence, expert witnesses are usually required. Experts with a higher level of expertise in a particular field can be held to the highest standards of care than other individuals in similar situations.

A breach of a person's duty of care could cause harm to a victim or their property. The victim then has to show that the defendant violated their duty and caused the injury or damage that they suffered. Causation is an essential element of any negligence claim. It involves proving the actual and proximate causes of the damages and injuries.

If someone runs an intersection then they are more likely to be struck by another vehicle. If their vehicle is damaged, they will be responsible for the repairs. But the reason for the crash could be a cut from a brick that later develops into a deadly infection.

Breach of Duty

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

A doctor, for instance, has a number of professional obligations to his patients. These professional obligations stem from state law and licensing bodies. Drivers are obliged to take care of other drivers and pedestrians, and Motor vehicle Accident Attorneys adhere to traffic laws. If a driver violates this obligation and creates an accident is accountable for the injuries sustained by the victim.

A lawyer may use the "reasonable people" standard to prove that there is a duty to be cautious and then show that the defendant failed to meet this standard in his actions. It is a matter of fact that the jury has to decide if the defendant met the standard or not.

The plaintiff must also prove that the breach of duty of the defendant was the primary cause of his or her injuries. It can be more difficult to prove this than a breach of duty. A defendant might have walked through a red light, but that's not what caused your bicycle accident. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle-related cases, the plaintiff must prove a causal link between the breach of the defendant and their injuries. If the plaintiff sustained neck injuries as a result of a rear-end accident then his or her attorney will argue that the crash was the cause of the injury. Other factors that are needed in causing the collision like being in a stationary car, are not culpable and do not affect the jury's determination of liability.

It may be harder to prove a causal link between an act of negligence and the psychological symptoms of the plaintiff. The reality that the plaintiff experienced a troubles in his or her childhood, had a difficult relationship with their parents, abused alcohol and drugs or prior unemployment could have a influence on the severity of the psychological issues is suffering from following an accident, but courts typically look at these factors as part of the background circumstances that caused the accident in which the plaintiff occurred, rather than as an independent reason for the injuries.

It is crucial to consult an experienced lawyer should you be involved in a serious accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation and motor vehicle accident cases. Our lawyers have built working relationships with independent doctors in many areas of expertise as well as experts in computer simulations as well as reconstruction of accidents.

Damages

The damages a plaintiff can recover in motor vehicle litigation can include both economic and non-economic damages. The first type of damages is the costs of monetary value that can easily be summed up and then calculated into a total, such as medical treatment as well as lost wages, repairs to property, and even financial loss, such a diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, including pain and suffering and loss of enjoyment, which cannot be reduced to a dollar amount. These damages must be established by a wide array of evidence, including depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine the proportion of damages awarded should be divided between them. The jury has to determine the amount of fault each defendant has for the accident, and divide the total amount of damages awarded by the percentage. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in cases where injuries are suffered by drivers of trucks or cars. The process of determining whether the presumption of permissiveness is complicated. In general it is only a clear evidence that the owner refused permission for the driver to operate the vehicle will be sufficient to overturn the presumption.