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Motor Vehicle Litigation

When liability is contested, it becomes necessary to start a lawsuit. The defendant will then be given the opportunity 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 a crash, your damages award will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence case, motor vehicle Accidents the plaintiff must show that the defendant was bound by an obligation of care to them. This duty is owed to all people, however those who drive a vehicle owe an even greater obligation to others in their field. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms assess an individual's actions with what a normal person would do under similar conditions to determine a reasonable standard of care. This is why expert witnesses are often required in cases of medical malpractice. Experts who are knowledgeable in a specific field could be held to a higher standard of care than others in similar situations.

When someone breaches their duty of care, they could cause harm to the victim and/or their property. The victim must then establish that the defendant's breach of their duty resulted in the damage and motor vehicle accidents injury they have suffered. Causation is an essential element of any negligence claim. It involves proving the proximate and real causes of the injury and damages.

If a person is stopped at an intersection, they are likely to be hit by a car. If their vehicle is damaged, they'll have to pay for the repairs. But the actual cause of the crash could be a cut on a brick that later develops into a potentially dangerous infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proved in order to secure compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the party at fault do not match what a reasonable person would do in similar circumstances.

For example, a doctor has a variety of professional obligations to his patients that are governed by state law and licensing boards. Motorists owe a duty of care to other motorists and pedestrians on the road to drive safely and observe traffic laws. If a driver violates this obligation of care and creates an accident, he is liable for the victim's injuries.

A lawyer can use "reasonable people" standard to demonstrate that there is a duty to be cautious and then prove that the defendant did not comply with this standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also prove that the breach of duty of the defendant was the primary cause for his or her injuries. This can be more difficult to prove than the existence of a duty or breach. For instance it is possible that a defendant run a red light but it's likely that his or her actions wasn't the main cause of the crash. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff must establish an causal link between breach of the defendant and their injuries. For instance, if a plaintiff suffered neck injuries as a result of an accident that involved rear-ends and his or her lawyer will argue that the accident caused the injury. Other factors that are necessary to cause the collision, like being in a stationary car are not culpable and won't affect the jury's decision to determine the degree of fault.

For psychological injuries, however, the link between negligence and the affected plaintiff's symptoms can be more difficult to establish. The reality that the plaintiff experienced a a troubled childhood, poor relationship with their parents, used alcohol and drugs or had previous unemployment may have some bearing on the severity of the psychological issues he or is suffering from following an accident, but courts typically look at these factors as part of the background circumstances that led to the accident from which the plaintiff's injury arose rather than an independent cause of the injuries.

It is essential to speak with an experienced attorney in the event that you've been involved in a serious accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, and motor vehicle accident lawsuit vehicle accident cases. Our lawyers have established working relationships with independent physicians in different specialties, as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

In motor vehicle litigation, a plaintiff can get both economic and non-economic damages. The first type of damages covers any monetary costs that are easily added up and calculated as a sum, such as medical treatment, 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 the suffering of others and the loss of enjoyment of life which cannot be reduced to a monetary amount. However, these damages must be proven to exist through extensive evidence, including deposition testimony from the plaintiff's close family members and friends medical records, deposition testimony, and other expert witness testimony.

In the event of multiple defendants, courts will often use comparative fault rules to determine the amount of damages that should be divided between them. The jury must determine the percentage of fault each defendant has for the incident, and divide the total damages awarded by that percentage. However, New York law 1602 disqualifies vehicle owners from the rule of comparative negligence in cases where injuries are sustained by the drivers of cars or trucks. The analysis to determine whether the presumption is permissive is complex. Typically it is only a clear evidence that the owner was not able to grant permission to the driver to operate the vehicle will be sufficient to overturn the presumption.