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

Motor Vehicle Litigation

If the liability is challenged in court, it becomes necessary to file a lawsuit. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules which means that if the jury finds you to be at fault for causing an accident the damages awarded to you will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles that are leased or rented to minors.

Duty of Care

In a lawsuit for negligence the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. This duty is owed by everyone, but those who operate vehicles owe an even greater obligation to other people in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the quality of care is determined by comparing an individual's conduct with what a normal person would do in the same conditions. In the event of medical malpractice, expert witnesses are usually required. Experts who have a superior understanding in a specific field could also be held to the highest standards of care than others in similar situations.

A breach of a person's obligation of care can cause harm to a victim or their property. The victim has to prove that the defendant's breach of their duty led to the harm and damages they suffered. Proving causation is an essential aspect of any negligence case which involves considering both the actual reason for the injury or damages, as well as the causal cause of the damage or injury.

For instance, if someone has a red light then it's likely that they'll be hit by a vehicle. If their car is damaged, they'll be responsible for the repairs. The cause of the crash could be a brick cut that develops into an infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that needs to be proved to obtain compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the at-fault party do not match what an ordinary person would do in similar circumstances.

For instance, a physician has several professional obligations to his patients based on state law and licensing boards. Drivers have a duty to care for other drivers as well as pedestrians, and to respect traffic laws. Any driver who fails to adhere to this duty and causes an accident is responsible for the injuries sustained by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of the duty of care, and then prove that the defendant failed to comply with the standard in his actions. It is a matter of fact for the jury to decide if the defendant complied with the standard or motor vehicle accident Lawyers not.

The plaintiff must also demonstrate that the defendant's negligence was the sole cause of the plaintiff's 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 the cause of the accident on your bicycle. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle accident law firm vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffers an injury to the neck in a rear-end accident then his or her attorney would argue that the collision was the cause of the injury. Other factors that are essential in causing the collision like being in a stationary vehicle, are not culpable and do not affect the jury's decision of the liability.

For psychological injuries However, the connection between negligence and the victim's afflictions may be more difficult to establish. It may be because the plaintiff has a rocky past, a poor relationship with their parents, or has used alcohol or drugs.

If you have been in a serious motor vehicle Accident lawyers vehicle crash, it is important to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, as well as motor vehicle accident lawyer vehicle accident cases. Our lawyers have developed working relationships with independent medical professionals across a variety of specialties including expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

The damages that a plaintiff may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages encompasses all monetary costs which are easily added together and then calculated into an overall amount, including medical expenses and lost wages, repairs to property, and even future financial losses, such as a diminished earning capacity.

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

In the event of multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages that should be divided between them. This requires the jury to determine the degree of fault each defendant was responsible for the accident and then divide the total damages awarded by the percentage of the fault. New York law however, does not permit this. 1602 excludes vehicle owners from the rule of comparative negligence in the event of injuries suffered by drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive use applies is complicated, and typically only a clear showing that the owner specifically did not have permission to operate his vehicle will overcome it.