• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Motor Vehicle Litigation

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

New York follows pure comparative fault rules and, in the event that a jury finds you responsible for the crash, your damages award will be reduced by your percentage of negligence. This rule is not applicable to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a negligence lawsuit the plaintiff must demonstrate that the defendant owed them a duty to exercise reasonable care. This duty is owed by all people, however those who operate vehicles owe an even greater duty to other drivers in their field. This includes ensuring that they do not cause motor vehicle accident lawyer vehicle accidents.

Courtrooms compare an individual's actions to what a typical person would do under the same circumstances to establish what is an acceptable standard of care. In the event of medical malpractice experts are typically required. Experts who have a greater understanding of particular fields may be held to a higher standard of treatment.

If someone violates their duty of care, it could cause damage to the victim as well as their property. The victim must then prove that the defendant's breach of their duty resulted in the harm and motor vehicle accident damages they have suffered. Causation is an important part of any negligence claim. It requires proof of both the proximate and actual causes of the injury and damages.

For instance, if a driver has a red light, it's likely that they'll be struck by a car. If their vehicle is damaged, they will have to pay for the repairs. The reason for the crash might be a cut on bricks, which later turn into a potentially dangerous infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proved to obtain compensation in a personal injury suit. A breach of duty happens when the actions of a party who is at fault do not match what an average person would do in similar circumstances.

A doctor, for example is a professional with a range of professional obligations to his patients that are derived from state law and licensing bodies. Motorists have a duty of care to other drivers and pedestrians to be safe and follow traffic laws. Drivers who violate this obligation and causes an accident is accountable for the victim's injuries.

A lawyer can use the "reasonable person" standard to prove the existence of a duty of care and then prove that the defendant failed to meet that standard in his actions. It is a question 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 by 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 could have driven through a red light, but that's not what caused your bicycle accident. Because of this, motor vehicle accident the causation issue is often contested by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff must prove a causal link between breach by the defendant and their injuries. If a plaintiff suffers a neck injury in an accident that involved rear-end collisions the attorney for the plaintiff would argue that the collision was the reason for the injury. Other factors that contributed to the collision, like being in a stationary car are not considered to be culpable and won't affect the jury’s determination of the fault.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff had a troubled childhood, poor relationship with his or her parents, experimented with alcohol and drugs or had previous unemployment may have some influence on the severity of the psychological issues she suffers after an accident, however, the courts typically consider these factors as part of the circumstances from which the plaintiff's accident was triggered, not as a separate reason for the injuries.

If you have been in a serious motor vehicle accident it is essential to consult an experienced attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation and motor vehicle accident law firms vehicle accident cases. Our lawyers have established working relationships with independent doctors in various specialties, as well expert witnesses in computer simulations and accident reconstruction.

Damages

The damages a plaintiff may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages comprises any financial costs that can be easily added to calculate a total, for example, medical treatment loss of wages, property repair, and even future financial losses, like diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, and loss of enjoyment cannot be reduced to financial value. However these damages must be proved to exist by a variety of evidence, including deposition testimony of the plaintiff's close family members and friends, medical records, and other expert witness testimony.

In cases where there are multiple defendants, courts typically employ comparative fault rules to determine the amount of damages to be split between them. The jury must determine how much responsibility each defendant was at fault for the accident and then divide the total damages award by that percentage of the fault. New York law however, does not allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive usage applies is complicated, and typically only a clear proof that the owner explicitly was not granted permission to operate the vehicle will be able to overcome it.