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Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant has the option 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 the accident, your damages award 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 which are rented or leased by minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant owed the duty of care towards them. This duty is owed to everyone, but those who operate a vehicle owe an even higher duty to other people in their field. This includes ensuring that there are no accidents in motor vehicle accident attorney vehicles.

In courtrooms the standard of care is established by comparing the actions of an individual with what a normal person would do in similar situations. This is why expert witnesses are often required in cases involving medical malpractice. Experts with a higher level of expertise in a particular field may be held to a higher standard of care than others in similar situations.

A person's breach of their duty of care can cause harm to a victim or their property. The victim must prove that the defendant's breach of their duty caused the harm and damages they sustained. The proof of causation is an essential element in any negligence case and involves looking at both the actual causes of the injury damages as well as the proximate reason for the damage or injury.

For instance, if a person is stopped at a red light, it's likely that they will be hit by a car. If their vehicle is damaged, they will be responsible for the repairs. The reason for the crash could be a brick cut that develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that must be proved in order to receive compensation in a personal injury claim. 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 doctor has several professional duties to his patients based on state law and licensing boards. Motorists owe a duty of care to other motorists and pedestrians on the road to be safe and follow traffic laws. If a driver fails to comply with this obligation of care and results in an accident, he is accountable for the injury suffered by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of a duty of care and then prove that the defendant did not comply with the standard in his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also establish that the breach of duty by the defendant was the main cause of his or her injuries. It is more difficult to prove this than a breach of duty. A defendant may have run through a red light, but that's not the cause of your bicycle accident. This is why the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle accidents, the plaintiff must establish an causal link between breach of the defendant and their injuries. If the plaintiff suffered a neck injury in an accident with rear-end damage and his or her attorney will argue that the incident was the reason for the injury. Other factors that are essential to cause the collision, like being in a stationary car, are not culpable, and do not affect the jury's decision of the liability.

It may be harder to establish a causal connection between a negligent act and the plaintiff's psychological problems. It may be the case that the plaintiff has had a difficult past, has a difficult relationship with their parents, or is a user of drugs or alcohol.

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

Damages

The damages that a plaintiff can recover in a motor vehicle accident attorneys vehicle lawsuit include both economic and non-economic damages. The first type of damages comprises any financial costs that can be easily added up and calculated as a total, for example, medical expenses and lost wages, property repairs, and even future financial losses like diminished earning capacity.

New York law also recognizes the right to seek non-economic damages such as suffering and pain, as well as loss of enjoyment of life which cannot be reduced to a dollar amount. These damages must be proved through extensive evidence such as depositions of family members or friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases where there are multiple defendants, courts often use comparative fault rules to determine the amount of damages that should be divided between them. This requires the jury to determine how much fault each defendant incurred in the accident and then divide the total amount of damages by that percentage of the fault. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries caused by drivers of cars or trucks. The resulting analysis of whether the presumption of permissiveness applies is complicated and usually only a clear proof that the owner explicitly denied permission to operate the vehicle will overcome it.