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Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The Defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds you to be at fault for an accident the damages you incur will be reduced according to your percentage of fault. There is an exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are that are rented or leased to minors.

Duty of Care

In a negligence suit, the plaintiff must prove that the defendant was obligated to act with reasonable care. This duty is owed to all, but those who operate vehicles owe an even greater duty to others in their field. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms evaluate an individual's behavior to what a typical person would do under the same conditions to determine an acceptable standard of care. This is why expert witnesses are frequently required in cases involving medical negligence. People who have superior knowledge of a specific area may also be held to a higher standard of care than other people in similar situations.

A person's breach of their duty of care could cause harm to a victim, or their property. The victim then has to demonstrate that the defendant did not fulfill their duty and caused the harm or damage they sustained. Causation proof is a crucial aspect of any negligence case and involves considering both the actual reason for the injury or damages, as well as the causal cause of the injury or damage.

For instance, if a driver runs a red light, it's likely that they will be hit by a vehicle. If their car is damaged they'll be accountable for repairs. The reason for the accident could be a cut on bricks that later develop into a deadly infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that must be proved in order to receive compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the person at fault are not in line with what reasonable people would do in similar circumstances.

A doctor, for example has a variety of professional obligations towards his patients. These obligations stem from the law of the state and licensing authorities. Motorists are required to show care to other motorists and pedestrians on the road to drive safely and observe traffic laws. If a motorist violates this obligation of care and results in an accident, the driver is accountable for the injuries sustained by the victim.

A lawyer can use "reasonable people" standard to prove that there is a duty of prudence and then show that defendant did not meet this standard in his actions. It is a question of fact for the jury to decide whether the defendant fulfilled the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the primary cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For instance the defendant could have been a motorist who ran a red light, but his or her action was not the sole cause of your bike crash. Because of this, the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle accident law firm (about his) vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if a plaintiff suffered an injury to the neck as a result of a rear-end collision the lawyer could argue that the collision was the cause of the injury. Other factors necessary to cause the collision, like being in a stationary car are not culpable and will not affect the jury's determination of fault.

It can be difficult to establish a causal link between a negligent act, and the psychological symptoms of the plaintiff. It could be the case that the plaintiff has a turbulent past, has a bad relationship with their parents, or has abused alcohol or drugs.

If you have been in an accident involving a motor vehicle that was serious it is essential to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, and motor vehicle crash cases. Our lawyers have formed working relationships with independent doctors in different specialties as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

In motor vehicle accident law firms vehicle litigation, a plaintiff can recover both economic and noneconomic damages. The first category of damages includes any monetary costs that are easily added up and calculated as the sum of medical treatment or lost wages, property repair and even future financial losses, like a decrease in earning capacity.

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

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the damages award should be allocated between them. This requires the jury to determine the amount of fault each defendant had for the accident and to then divide the total amount of damages by the percentage of fault. New York law however, does not permit this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of these trucks and cars. The process to determine if the presumption of permissiveness is complex. In general there is only a clear proof that the owner denied permission to the driver to operate the vehicle can overrule the presumption.