Motor Vehicle Litigation

If liability is contested, motor vehicle accident lawyers it becomes necessary to bring a lawsuit. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules, which means that when a jury finds that you are responsible for causing an accident the damages awarded will be reduced by your percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a lawsuit for negligence the plaintiff must show that the defendant was obligated to exercise reasonable care. Almost everybody owes this duty to everyone else, however those who take the steering wheel of a motor vehicle have a higher obligation to others in their area of operation. This includes ensuring that there are no accidents in motor vehicle accident vehicles.

In courtrooms, the standard of care is determined by comparing the actions of an individual to what a normal person would do in the same situations. This is why expert witnesses are frequently required in cases of medical malpractice. Experts with a superior understanding of specific fields could be held to a greater standard of care.

A breach of a person's duty of care can cause injury to a victim or their property. The victim is then required to show that the defendant's infringement of their duty led to the damage and injury they suffered. Causation is a crucial element of any negligence claim. It requires proving both the proximate and actual causes of the damage and injury.

If a driver is caught running a stop sign it is likely that they will be struck by another vehicle. If their car is damaged they will be responsible for the repairs. The cause of the crash could be a brick cut which develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty by a defendant. This must be proven in order to be awarded compensation in a personal injury case. A breach of duty occurs when the actions of the person who is at fault are insufficient to what a normal person would do in similar circumstances.

A doctor, for example, has a number of professional obligations towards his patients. These professional obligations stem from laws of the state and licensing bodies. Motorists owe a duty of care to other drivers and pedestrians on the road to drive safely and observe traffic laws. When a driver breaches this obligation of care and creates an accident, he is accountable for the injuries suffered by the victim.

A lawyer may use the "reasonable people" standard to prove that there is a duty of caution and then show that defendant did not comply with this standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also establish that the breach of duty of the defendant was the proximate cause of his or her injuries. It can be more difficult to prove this than a breach of duty. For example an individual defendant could have run a red light but it's likely that his or her actions was not the sole cause of your bike crash. The issue of causation is often challenged in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between breach of the defendant and the injuries. If the plaintiff suffered neck injuries as a result of a rear-end accident and his or her attorney would argue that the collision caused the injury. Other factors necessary to cause the collision, such as being in a stationary car is not culpable and won't affect the jury’s determination of the degree of fault.

It is possible to establish a causal relationship between an act of negligence and the psychological symptoms of the plaintiff. It may 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 in the event that you've been involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents commercial and business litigation, and personal injury cases. Our lawyers have developed working relationships with independent doctors in a variety of areas of expertise as well as experts in computer simulations as well as reconstruction of accidents.

Damages

In motor vehicle accident Lawyers vehicle litigation, a plaintiff could get both economic and non-economic damages. The first category of damages covers all monetary costs which can easily be summed up and calculated into a total, such as medical treatment or lost wages, repair to property, or even a future financial loss, such diminished earning capacity.

New York law also recognizes the right to recover non-economic damages such as suffering and pain, as well as loss of enjoyment, which cannot be reduced to a monetary amount. However the damages must be established to exist using extensive evidence, such as deposition testimony from the plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the damages awarded should be split between them. The jury must determine the percentage of blame each defendant is accountable for the accident, and divide the total amount of damages awarded by the same percentage. New York law however, does not allow this. 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries caused by drivers of cars or trucks. The analysis to determine whether the presumption is permissive or not is complicated. The majority of the time, only a clear demonstration that the owner did not grant permission for the driver to operate the vehicle will be sufficient to overturn the presumption.