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Motor Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant has the right to respond to the Complaint.

New York follows pure comparative fault rules, which means that when a jury finds you responsible for a crash the damages awarded will be reduced by the percentage of negligence. This rule is not applicable to the owners of vehicles that are that are rented or leased out to minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant was bound by a duty of care towards them. This duty is owed by all, but those who operate vehicles owe an even greater duty to other people in their field. This includes ensuring that they do not cause accidents in motor vehicle accident attorneys vehicles.

Courtrooms examine an individual's conduct to what a typical person would do in the same circumstances to establish what is an acceptable standard of care. In cases of medical malpractice expert witnesses are typically required. Experts who have a superior understanding in a particular field may be held to the highest standards of care than others in similar situations.

A person's breach of their obligation of care can cause harm to a victim, or their property. The victim has to demonstrate that the defendant did not fulfill their duty and caused the harm or damages they suffered. Causation is a crucial element of any negligence claim. It requires proof of both the primary and secondary causes of the injuries and damages.

For example, if someone has a red light then it's likely that they'll be hit by a car. If their car is damaged, they'll need to pay for repairs. However, the real cause of the crash could be a cut from bricks, which later turn into a potentially dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty by an individual defendant. The breach of duty must be proved for compensation for a personal injury claim. A breach of duty happens when the actions of a party who is at fault fall short of what reasonable people would do in similar circumstances.

A doctor, for instance has many professional duties towards his patients, which stem from the law of the state and licensing bodies. Motorists owe a duty of care to other drivers and pedestrians to drive safely and observe traffic laws. If a driver fails to comply with this obligation of care and creates an accident, he is liable for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of the duty of care and then demonstrate that the defendant failed to 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 prove that the defendant's breach of duty was the proximate cause of his or her 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 line, but his or her action was not the sole cause of the crash. In this way, causation is frequently disputed by the defendants in cases of crash.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if the plaintiff suffered neck injuries as a result of a rear-end collision the lawyer might argue that the collision was the cause of the injury. Other elements that could have caused the collision, such as being in a stationary car is not culpable and will not affect the jury's decision on the degree of fault.

It can be difficult to establish a causal link between an act of negligence and the psychological issues of the plaintiff. It may be that the plaintiff has a turbulent past, a poor relationship with their parents, or is a user of alcohol or drugs.

If you've been involved in a serious motor vehicle crash it is crucial to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents vehicle accident commercial and business litigation, and personal injury cases. Our lawyers have built working relationships with independent physicians in many specialties as well as experts in computer simulations as well as reconstruction of accidents.

Damages

In motor vehicle accident lawyers vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first type of damages is all costs that can easily be added up and then calculated into an overall amount, including medical expenses or lost wages, repair to property, and even the possibility of future financial loss, like a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages such as pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a monetary amount. The proof of these damages is by a wide array of evidence, including depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases that involve multiple defendants, Courts will often use comparative negligence rules to determine how much of the total damages awarded should be divided between them. This requires the jury to determine the degree of fault each defendant was at fault for the accident and then divide the total damages awarded by the percentage of fault. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of these trucks and cars. The resulting analysis of whether the presumption that permissive use applies is not straightforward and usually only a clear showing that the owner explicitly was not granted permission to operate the vehicle will be able to overcome it.