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Motor Vehicle Litigation

When a claim for liability is litigated and the liability is disputed, it is necessary to bring a lawsuit. The defendant is entitled to respond to the Complaint.

New York follows pure comparative fault rules which means that in the event that a jury finds that you are responsible for causing an accident the amount of damages awarded will be reduced by your percentage of negligence. There is an 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 act with reasonable care. Nearly everyone owes this obligation to everyone else, but individuals who get behind the car have a higher obligation to other people in their field of operation. This includes ensuring that they do not cause accidents in motor vehicle accident lawsuit vehicles.

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

A breach of a person's duty of care may cause harm to the victim or their property. The victim is then required to show that the defendant violated their duty of care and caused the injury or damage they sustained. Proving causation is an essential part of any negligence case which involves considering both the actual cause of the injury or damages, as well as the causal cause of the injury or damage.

For instance, if a driver runs a red stop sign and is stopped, they'll be hit by a car. If their car is damaged they will be responsible for repairs. However, the real cause of the accident could be a cut on the brick, which then develops into a dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. The breach of duty must be proved for compensation in a personal injury case. A breach of duty is when the actions taken by the at-fault person are insufficient to what an ordinary person would do in similar circumstances.

A doctor, for example, has a number of professional duties towards his patients. These obligations stem from state law and licensing bodies. Motorists owe a duty care to other drivers and pedestrians on the road to drive safely and observe traffic laws. If a driver fails to comply with this obligation of care and results in an accident, the driver is liable for the injuries suffered by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of the duty of care, and then prove that the defendant failed to satisfy the standard through his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also demonstrate that the breach of duty by the defendant was the main cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For example, a defendant may have crossed a red light, but the action was not the sole cause of the crash. In this way, causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle accidents vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. If the plaintiff suffered neck injuries in an accident that involved rear-end collisions then his or her attorney will argue that the crash caused the injury. Other factors that are necessary in causing the collision such as being in a stationary car, are not culpable, and do not affect the jury's decision of liability.

It can be difficult to establish a causal relationship between a negligent act and the plaintiff's psychological symptoms. The fact that the plaintiff has a troubles in his or her childhood, had a difficult relationship with his or her parents, was a user of alcohol and drugs, or suffered previous unemployment may have some bearing on the severity of the psychological issues he or suffers from following an accident, however, the courts typically view these elements as an element of the background conditions that led to the accident from which the plaintiff's injury was triggered, not as a separate reason for the injuries.

It is imperative to consult an experienced attorney when you've been involved in a serious car accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, and motor vehicle accident cases. Our lawyers have developed working relationships with independent physicians in a variety of specialties, as well experts in computer simulations and accident reconstruction.

Damages

The damages a plaintiff can recover in motor vehicle accident Lawsuits vehicle litigation include both economic and non-economic damages. The first type of damages covers the costs of monetary value that can easily be summed up and calculated as an overall amount, including medical treatments, lost wages, repairs to property, and even financial loss, like 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, these damages must be established to exist using extensive evidence, including deposition testimony from the plaintiff's family members and close friends, medical records, and other expert witness testimony.

In the event of multiple defendants, Motor Vehicle Accident Lawsuits courts will typically apply the rules of comparative fault to determine the amount of total damages that must be divided between them. This requires the jury to determine how much responsibility each defendant was at fault for the incident and then divide the total damages awarded by the percentage of blame. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are sustained by drivers of cars or trucks. The analysis to determine whether the presumption of permissiveness is complex. Typically the only way to prove that the owner was not able to grant permission for the driver to operate the vehicle can be able to overcome the presumption.