motor vehicle accidents Vehicle Litigation

If liability is contested in court, it becomes necessary to start a lawsuit. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules and, should a jury find you to be at fault for causing the accident the amount of damages awarded will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was bound by the duty of care toward them. Nearly everyone owes this obligation to everyone else, but individuals who get behind the steering wheel of a motor vehicle accident lawyers vehicle have a greater obligation to other people in their field of operation. This includes not causing accidents in motor vehicles.

Courtrooms compare an individual's actions to what a typical person would do under the same circumstances to establish what is an acceptable standard of care. In the event of medical negligence experts are often required. Experts who have a greater understanding of particular fields may be held to a higher standard of medical care.

If someone violates their duty of care, it may cause injury to the victim or their property. The victim has to demonstrate that the defendant's violation of duty caused the damage and injury they suffered. The proof of causation is an essential part of any negligence case, and it involves looking at both the actual cause of the injury or damages, as well as the causal reason for the injury or damage.

If a person is stopped at the stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their vehicle is damaged, they'll be accountable for the repairs. The reason for the accident could be a cut on bricks that later develop into a dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. It must be proven for compensation for personal injury claims. A breach of duty happens when the actions of the party at fault do not match what reasonable people would do in similar circumstances.

For instance, a doctor has a variety of professional duties towards his patients. These professional obligations stem from the law of the state and licensing bodies. Motorists owe a duty of care to other drivers and pedestrians to drive safely and obey traffic laws. A driver who breaches this duty and causes an accident is responsible for the victim's injuries.

Lawyers can use the "reasonable individuals" standard to show that there is a duty to be cautious and then prove that the defendant failed to meet this standard with his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also prove that the defendant's breach was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant might have walked through a red light but that's not what caused the bicycle accident. Because of this, causation is often contested by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If the plaintiff suffered neck injuries in a rear-end accident then his or her attorney would argue that the accident was the reason for the injury. Other factors that are needed to cause the collision, like being in a stationary car, are not culpable and do not affect the jury's decision of liability.

It can be difficult to establish a causal connection between an act of negligence and the plaintiff's psychological problems. It could be the case that the plaintiff has a troubled past, has a difficult relationship with their parents, or has used drugs or alcohol.

If you've been involved in an accident involving a motor Vehicle accident attorney 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 as well as commercial and business litigation, and motor vehicle crash cases. Our lawyers have established working relationships with independent physicians in a wide range of specialties as well as expert witnesses in accidents 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 type of damages comprises any financial costs that can easily be added to calculate a sum, such as medical treatment, lost wages, property repair, and even future financial losses such as diminished earning capacity.

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

In cases where there are multiple defendants, courts typically use the comparative fault rule to determine the amount of damages to be divided between them. The jury will determine the amount of fault each defendant is responsible for the incident, and divide the total amount of damages awarded by that percentage. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are sustained by the drivers of trucks or cars. The process to determine if the presumption of permissiveness is complex. The majority of the time, only a clear demonstration that the owner refused permission for the driver to operate the vehicle can overrule the presumption.