hasbrouck heights motor vehicle accident lawsuit Vehicle Litigation

When a claim for liability is litigated in court, it becomes necessary to file a lawsuit. The defendant will then be given the chance to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you responsible for a crash, your damages award will be reduced by the percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are rented or leased by minors.

Duty of Care

In a negligence suit, the plaintiff must prove that the defendant was obligated to exercise reasonable care. The majority of people owe this obligation to everyone else, however those who take the steering wheel of a motor vehicle have a greater obligation to the other drivers in their zone of operation. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms assess an individual's actions to what a typical person would do in the same circumstances to determine what constitutes reasonable standards of care. In cases of medical malpractice experts are typically required. Experts with a superior understanding of specific fields could be held to a higher standard of care.

If someone violates their duty of care, it may cause harm to the victim and/or their property. The victim must then prove that the defendant's breach of duty caused the damage and injury they suffered. Proving causation is a critical aspect of any negligence case which involves considering both the actual basis of the injury or damages as well as the proximate cause of the damage or injury.

For instance, if a person has a red light then it's likely that they will be hit by a car. If their vehicle is damaged, they will be responsible for the repairs. But the actual cause of the accident could be a cut in bricks that later develop into a serious infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury suit. A breach of duty is when the actions of the person who is at fault are insufficient to what a normal person would do under similar circumstances.

For instance, a doctor, has a number of professional obligations to his patients. These obligations stem from state law and licensing bodies. Drivers are obliged to be considerate of other drivers as well as pedestrians, and to adhere to traffic laws. If a motorist violates this obligation of care and causes an accident, he is liable for the victim's injuries.

A lawyer may use the "reasonable people" standard to establish that there is a duty of care and then demonstrate that defendant did not meet this standard in his actions. It is a matter of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also establish that the breach of duty of the defendant was the primary cause of the injuries. This is sometimes more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light, but that's not what caused the accident on your bicycle. This is why the causation issue is often contested by the defendants in cases of crash.

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. If a plaintiff suffered an injury to the neck in an accident with rear-end damage and his or her attorney will argue that the crash was the reason for the injury. Other elements that are required for the collision to occur, such as being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's determination of liability.

It may be harder to establish a causal link between a negligent action and the psychological issues of the plaintiff. It may be that the plaintiff has a troubled past, has a bad relationship with their parents, or has used drugs or alcohol.

It is imperative to consult 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, commercial and business litigation, and personal injury cases. Our lawyers have built working relationships with independent physicians in many specialties, as well experts in computer simulations as well as reconstruction of accidents.

Damages

In bremerton motor vehicle accident attorney vehicle litigation, a plaintiff could recover both economic and noneconomic damages. The first category of damages is any monetary expenses that can be easily added up and calculated as a total, for example, medical expenses and lost wages, weston motor vehicle accident lawsuit property repair, and even 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 of life which cannot be reduced to a monetary amount. However the damages must be proven to exist through extensive evidence, such as deposition testimony from plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages awarded should be divided between them. The jury must determine the percentage of fault each defendant has for the incident, and divide the total damages awarded by that percentage. New York law however, does not allow for this. 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries caused by drivers of trucks or cars. The process to determine if the presumption of permissiveness is complex. In general, only a clear demonstration that the owner was not able to grant permission for the driver to operate the vehicle will be sufficient to overturn the presumption.