Motor Vehicle Litigation

When liability is contested then it is necessary to make a complaint. 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 according to your percentage of blame. This rule does not apply to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a negligence suit the plaintiff must show that the defendant was obligated to act with reasonable care. The majority of people owe this obligation to everyone else, but individuals who get behind the steering wheel of a motor vehicle Accident Lawyers vehicle have an even higher duty to the other drivers in their zone of operation. This includes ensuring that they don't cause car accidents.

In courtrooms the standard of care is determined by comparing an individual's conduct with what a typical person would do in similar circumstances. In the event of medical negligence, expert witnesses are usually required. Experts with more experience in a certain field may be held to a higher standard of care.

A breach of a person's duty of care could cause harm to the victim or their property. The victim must prove that the defendant breached their duty of care and caused the injury or damages they suffered. Causation is an essential element of any negligence claim. It requires proof of both the proximate and real causes of the injuries and damages.

For instance, if a driver is stopped at a red light there is a good chance that they will be hit by another car. If their vehicle is damaged, they'll be responsible for repairs. The real cause of a crash could be a brick cut that develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. This must be proven in order to obtain compensation for personal injury claims. A breach of duty occurs when the actions of the at-fault party fall short of what a normal person would do in similar circumstances.

For instance, a physician has several professional duties to his patients that are governed by state law and licensing boards. Motorists are required to show care to other drivers and pedestrians to be safe and follow traffic laws. If a driver violates this duty and causes an accident is responsible for the injuries of the victim.

A lawyer may use the "reasonable person" standard to prove the existence of the duty of care and then show that the defendant failed to satisfy the standard through his actions. The jury will decide if the defendant complied with or did not meet the standards.

The plaintiff must also prove that the breach of duty of the defendant was the primary cause of the injuries. It can be more difficult to prove this than a breach of duty. For instance it is possible that a defendant run a red light but the action wasn't the main cause of your bike crash. In this way, the causation issue is often contested by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if a plaintiff suffered an injury to his neck in a rear-end collision the lawyer will argue that the accident caused the injury. Other factors that are necessary in causing the collision like being in a stationary vehicle, motor vehicle accident Lawyers are not considered to be culpable and therefore do not affect the jury's decision of the liability.

It can be difficult to establish a causal link between an act of negligence and the psychological issues of the plaintiff. The reality that the plaintiff experienced a an unhappy childhood, a poor relationship with his or her parents, experimented with alcohol and drugs or had prior unemployment could have a bearing on the severity of the psychological issues suffers from following an accident, but courts typically look at these factors as part of the background circumstances that led to the accident from which the plaintiff's injury occurred, rather than as an independent reason for the injuries.

It is crucial to consult an experienced attorney if you have been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents cases, business and commercial litigation, as well as personal injury cases. Our lawyers have established working relationships with independent physicians in a variety of specialties, as well experts in computer simulations as well as reconstruction of accidents.

Damages

In motor vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first type of damages includes any monetary costs that can be easily added up and calculated as a sum, such as medical treatment or lost wages, property repair, and even future financial losses like diminished earning capacity.

New York law recognizes that non-economic damages like pain and suffering, and loss of enjoyment are not able to be reduced to financial 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 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 will determine the proportion of fault each defendant is responsible for the incident and then divide the total amount of damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of the vehicles. The method of determining if the presumption is permissive or not is complex. Typically it is only a clear evidence that the owner did not grant permission to the driver to operate the vehicle will overcome the presumption.