motor vehicle accident lawsuit Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant is entitled to respond to the Complaint.

New York has a pure comparative negligence rule. This means that should a jury find you to be responsible for an accident the amount of damages you will be reduced according to your percentage of blame. This rule is not applicable to owners of vehicles rented out or leased to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant owed a duty of care towards them. This duty is due to everyone, motor vehicle accidents but people who operate vehicles owe an even greater obligation to others in their field. This includes not causing motor vehicle accidents.

Courtrooms compare an individual's actions with what a normal person would do in similar circumstances to determine what constitutes a reasonable standard of care. In cases of medical malpractice experts are often required. Experts who have a superior understanding of a specific area may also be held to an higher standard of care than other individuals in similar situations.

A breach of a person's obligation of care can cause harm to a victim, or their property. The victim has to show that the defendant's infringement of duty caused the harm and damages they suffered. The proof of causation is an essential element in any negligence case and involves considering both the actual reason for the injury or damages and the proximate reason for the injury or damage.

For instance, if a driver runs a red stop sign, it's likely that they will be hit by another car. If their car is damaged, they will need to pay for repairs. The reason for the crash might be a cut or a brick that later develops into a deadly infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. This must be proven for compensation in a personal injury case. A breach of duty happens when the actions of the person at fault aren't in line with what reasonable people would do in similar circumstances.

For example, a doctor has several professional duties to his patients based on laws of the state and licensing boards. Motorists owe a duty care to other drivers and pedestrians on the road to be safe and follow traffic laws. Any driver who fails to adhere to this obligation and causes an accident is responsible for the victim's injuries.

A lawyer can rely on the "reasonable individuals" standard to prove that there is a duty of care and then prove that the defendant did not meet the standard in his actions. The jury will decide if the defendant fulfilled 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. This is sometimes more difficult to prove than the existence of a duty and breach. A defendant could have run through a red light but that wasn't what caused your bicycle accident. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle accidents, the plaintiff must prove a causal link between breach of the defendant and the injuries. If the plaintiff suffered neck injuries as a result of a rear-end collision, his or her attorney will argue that the incident caused the injury. Other factors that are essential in causing the collision like being in a stationary vehicle are not culpable, and motor vehicle accidents do not affect the jury's determination of the liability.

For psychological injuries, however, the link between a negligent act and the affected plaintiff's symptoms can be more difficult to establish. It may be the case that the plaintiff has a rocky past, a poor relationship with their parents, or has abused alcohol or drugs.

If you've been involved in an accident involving a motor vehicle that was serious it is crucial to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in Motor Vehicle Accidents (Strikez.Awardspace.Info) as well as business and commercial litigation, and personal injury cases. Our lawyers have formed working relationships with independent physicians in a wide range of specialties, expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

The damages plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first category of damages is all monetary costs which can easily be added up and calculated as an overall amount, including medical treatment, lost wages, repairs to property, and even financial loss, like diminished earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment of living can't be reduced to financial value. The damages must be proven through extensive evidence like depositions of family members or friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases where there are multiple defendants, courts will typically employ comparative fault rules to determine the amount of total damages that must be divided between them. The jury will determine the amount of fault each defendant carries for the accident, and divide the total amount of damages awarded by the 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 suffered by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use applies is complicated and typically only a clear proof that the owner has explicitly denied permission to operate the car will overcome it.