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Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant will then have the chance 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 the crash the damages awarded will be reduced by your percentage of negligence. This rule does not apply to owners of vehicles that are leased or rented to minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant owed the duty of care towards them. This duty is owed to all people, however those who drive a vehicle owe an even greater duty to other drivers in their field. This includes not causing accidents in motor vehicle accident law firm; Visit Webpage, vehicles.

Courtrooms compare an individual's actions to what a typical individual would do under similar circumstances to determine a reasonable standard of care. In cases of medical malpractice, expert witnesses are usually 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.

When someone breaches their duty of care, they could cause damage to the victim as well as their property. The victim has to demonstrate that the defendant did not fulfill their duty of care and caused the injury or damages they suffered. Proving causation is a critical aspect of any negligence claim and involves looking at both the actual basis of the injury or damages as well as the proximate cause of the damage or injury.

If someone is driving through the stop sign then they are more likely to be struck by another vehicle. If their vehicle is damaged, they will be responsible for the repairs. The cause of an accident could be a fracture in the brick that leads to an infection.

Breach of Duty

The second element of negligence is the breach of duty by a defendant. It must be proven for compensation for personal injury claims. A breach of duty occurs when the actions of the at-fault person do not match what an ordinary person would do in similar circumstances.

A doctor, for example is a professional with a range of professional duties towards his patients that are derived from laws of the state and licensing bodies. Drivers have a duty to care for other drivers and pedestrians, as well as to follow traffic laws. A driver who breaches this obligation and results in an accident is responsible for the injuries of 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. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also prove that the breach of duty of 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 might have walked through a red light, but that wasn't what caused the bicycle accident. In this way, the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle accident law firms vehicle-related cases, the plaintiff must prove that there is a causal connection between the breach of the defendant and the injuries. If a plaintiff suffers neck injuries as a result of a rear-end collision and his or her attorney would argue that the accident was the reason for the injury. Other factors that contributed to the collision, like being in a stationary car are not culpable and will not influence the jury's decision to determine fault.

It is possible to establish a causal relationship between a negligent action and the plaintiff's psychological symptoms. The reality that the plaintiff experienced 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 influence on the severity the psychological problems he or suffers following a crash, but the courts typically consider these factors as an element of the background conditions that led to the accident from which the plaintiff's injury resulted rather than an independent cause of the injuries.

If you've been involved in an accident that is serious to your vehicle it is crucial to speak with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident, commercial and business litigation, and personal injury cases. Our lawyers have established working relationships with independent medical professionals across a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first type of damages includes all monetary costs which can be easily added together and summed up into an overall amount, including medical treatment and lost wages, repairs to property, and even the possibility of future financial losses, such as loss of earning capacity.

New York law also recognizes the right to seek non-economic damages, including pain and suffering as well as loss of enjoyment of life which cannot be reduced to a monetary amount. These damages must be established through extensive evidence like depositions of 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 rules of comparative negligence to determine the percentage of damages awarded should be split between them. The jury will determine the percentage of blame each defendant carries for the incident and then divide the total amount of damages awarded by the same percentage. New York law however, does not allow for this. 1602 does not exempt vehicle owners from the comparative negligence rule in cases where injuries are sustained by the drivers of trucks or cars. The analysis to determine whether the presumption is permissive or not is complicated. In general, only a clear demonstration that the owner denied permission for the driver to operate the vehicle can be sufficient to overturn the presumption.