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Motor Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules and, if the jury finds that you are responsible for causing an accident 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 case of negligence the plaintiff must prove that the defendant was bound by the duty of care toward them. This duty is due to all, but those who operate a vehicle owe an even greater duty to others in their field. This includes not causing motor vehicle compensation vehicle accidents.

In courtrooms, the standards of care are determined by comparing an individual's actions with what a typical person would do in the same conditions. This is why expert witnesses are frequently required when cases involve medical malpractice. People with superior knowledge in a certain field may be held to a higher standard of medical care.

If a person violates their duty of care, it can cause injury to the victim or their property. The victim must then show that the defendant's infringement of their duty led to the harm and damages they have suffered. Proving causation is a critical aspect of any negligence case and requires considering both the actual cause of the injury or damages, as well as the causal cause of the damage or injury.

For example, if someone is stopped at a red light and is stopped, they'll be struck by a car. If their vehicle is damaged, they will be responsible for the repairs. But the reason for the crash might be a cut on bricks that later develop into a potentially dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. It must be proven in order to be awarded compensation in a personal injury case. A breach of duty is when the actions of the at-fault party fall short of what a normal person would do under similar circumstances.

For example, a doctor has several professional duties to his patients stemming from the law of the state and licensing boards. Motorists have a duty of care to other drivers and pedestrians on the road to drive in a safe manner and adhere to traffic laws. If a motorist violates this obligation of care and creates an accident, he is responsible for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of a duty of care and then prove that the defendant did not meet that standard in his actions. It is a matter of fact that the jury has to decide if the defendant complied with the standard or not.

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 may have run through a red light but that's not what caused the bicycle accident. This is why causation 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 a plaintiff suffered an injury to the neck in a rear-end collision the attorney for the plaintiff would argue that the collision was the cause of the injury. Other elements that are required in causing the collision such as being in a stationary vehicle, are not culpable and will not affect the jury's decision of liability.

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

If you've been involved in an accident involving a motor vehicle attorneys vehicle that was serious it is essential 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, and motor vehicle lawsuit vehicle crash cases. Our lawyers have built working relationships with independent doctors in different areas of expertise as well as expert witnesses in computer simulations and accident reconstruction.

Damages

The damages that plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first type of damages is all costs that can easily be summed up and calculated as a total, motor vehicle case for example, medical treatment and lost wages, repairs to property, and even financial loss, such loss of earning capacity.

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

In the event of multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages that must be divided between them. The jury must determine the amount of fault each defendant was responsible for the accident and to then divide the total damages award by the percentage of blame. New York law however, does not allow for this. 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are caused by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissiveness applies is complex, and typically only a convincing evidence that the owner has explicitly denied permission to operate the vehicle will overcome it.