Motor Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules and, when a jury finds you to be at fault for causing a crash the damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant was bound by the duty of care towards them. The majority of people owe this obligation to everyone else, but those who sit behind the steering wheel of a motor vehicle accident attorney vehicle have an even higher duty to the people in their area of operation. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms compare an individual's actions to what a typical individual would do under similar circumstances to establish what is an acceptable standard of care. Expert witnesses are frequently required in cases involving medical negligence. People who have superior knowledge in a particular field can be held to an higher standard of care than others in similar situations.

If a person violates their duty of care, it could cause injury to the victim or their property. The victim must prove that the defendant's breach of their duty caused the harm and damages they have suffered. The proof of causation is an essential part of any negligence case, and it involves considering both the actual cause of the injury or damages as well as the proximate reason for the injury or damage.

If a driver is caught running a stop sign it is likely that they will be struck by another vehicle. If their vehicle is damaged, they'll be required to pay for repairs. However, the real cause of the crash could be a cut or bricks that later develop into a serious infection.

Breach of Duty

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

For instance, a doctor has several professional obligations to his patients, arising from the law of the state and licensing boards. Drivers are bound to protect other motorists as well as pedestrians, and to obey traffic laws. If a driver violates this obligation and causes 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 satisfy the standard through his actions. It is a matter of fact for the jury to decide if the defendant was in compliance with the standard or not.

The plaintiff must also demonstrate that the defendant's negligence was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For instance an individual defendant could have crossed a red light, but it's likely that his or her actions was not the sole cause of your bike crash. The issue of causation is often challenged in a crash case by defendants.

Causation

In Motor vehicle accident Attorneys vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. For example, if the plaintiff suffered neck injuries as a result of a rear-end collision and their lawyer will argue that the collision was the cause of the injury. Other elements that could have caused the collision, like being in a stationary car are not considered to be culpable and will not influence the jury's decision on fault.

It could be more difficult to establish a causal relationship between a negligent action and the psychological issues of the plaintiff. It could be the case that the plaintiff has a rocky past, has a bad relationship with their parents, or has been a user of drugs or alcohol.

If you've been involved in a serious motor vehicle accident, it is important to speak with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent medical professionals in a wide range of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

In motor vehicle accident law firm vehicle litigation, a person can seek both economic and noneconomic damages. The first category of damages includes any monetary expenses that can be easily added up and calculated as a total, for example, medical treatment or lost wages, property repair, and even future financial losses, like diminished earning capacity.

New York law also recognizes the right to seek non-economic damages like pain and suffering and loss of enjoyment, which cannot be reduced to a monetary amount. However the damages must be proven to exist through extensive evidence, such as deposition testimony of the plaintiff's close friends and family members, medical records, and other expert witness testimony.

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine the proportion of damages awarded should be split between them. The jury must determine the percentage of fault each defendant has for the incident and then divide the total damages awarded by the same percentage. New York law however, doesn't allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of cars or trucks. The process to determine if the presumption is permissive is complicated. The majority of the time, only a clear demonstration that the owner did not grant permission to the driver to operate the vehicle will be sufficient to overturn the presumption.