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Motor vehicle accident lawyers Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant has the right to respond to the complaint.

New York follows pure comparative fault rules and, should a jury find you responsible for the accident, your damages award will be reduced by your percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a case of negligence, the plaintiff has to prove that the defendant had the duty of care toward them. Nearly everyone owes this obligation to everyone else, however those who sit behind the wheel of a motor vehicle are obligated to others in their area of operation. This includes ensuring that they don't cause car accidents.

In courtrooms the standards of care are determined by comparing an individual's behavior against what a normal individual would do in the same conditions. In the case of medical malpractice, expert witnesses are usually required. Experts with a superior understanding of specific fields could be held to a greater standard of treatment.

When a person breaches their duty of care, it may cause damage to the victim as well as their property. The victim is then required to show that the defendant's infringement of duty caused the damage and injury they suffered. Causation proof is a crucial aspect of any negligence case and involves taking into consideration both the real causes of the injury damages as well as the cause of the damage or injury.

For instance, if a driver runs a red stop sign then it's likely that they'll be hit by another car. If their vehicle is damaged, they'll be accountable for the repairs. The actual cause of a crash could be caused by a fracture in the brick that leads to an infection.

Breach of Duty

The second element of negligence is the breach of duty by an individual defendant. It must be proven for compensation in a personal injury case. A breach of duty is when the actions taken by the person at fault fall short of what an ordinary person would do in similar circumstances.

For example, a doctor has several professional duties to his patients, arising from state law and licensing boards. Motorists owe a duty of care to other motorists and pedestrians to drive safely and obey traffic laws. Drivers who violate this duty and causes an accident is accountable for the victim's injuries.

A lawyer can rely on the "reasonable individuals" standard to establish that there is a duty of care and then show that the defendant did not meet the standard in his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also prove that the breach of duty by the defendant was the direct cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For example, a defendant may have crossed a red light, but it's likely that his or her actions wasn't the main cause of your bike crash. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the breach by the defendant and their injuries. If a plaintiff suffers a neck injury in a rear-end collision then his or her attorney will argue that the crash was the reason for the injury. Other factors that are essential for the collision to occur, like being in a stationary car, are not considered to be culpable and therefore do not affect the jury's decision of liability.

It is possible to establish a causal relationship between an act of negligence and the plaintiff's psychological symptoms. It could be the case that the plaintiff has a rocky background, a strained relationship with their parents, or has abused alcohol or drugs.

It is imperative to consult an experienced attorney when you've been involved in a serious motor vehicle accidents vehicle accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident law firm vehicle accidents commercial and business litigation, and personal injury cases. Our lawyers have established working relationships with independent doctors with a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators.

Damages

The damages that plaintiffs can claim in motor vehicle litigation can include both economic and non-economic damages. The first category of damages is all financial costs that can be easily added together and then calculated into the total amount, which includes medical expenses, lost wages, repairs to property, or even a future financial loss, like a 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. The proof of these damages is through extensive evidence like depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts will often use comparative fault rules to determine the amount of damages to be split between them. The jury has to determine the amount of fault each defendant is responsible for the incident and then divide the total damages awarded by the same percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of these vehicles and trucks. The analysis to determine whether the presumption is permissive is complicated. Most of the time, only a clear demonstration that the owner refused permission to the driver to operate the vehicle will overrule the presumption.