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Motor Vehicle Litigation

If the liability is challenged then it is necessary to bring a lawsuit. The Defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, if a jury finds you to be at fault for an accident, your damages will be reduced according to your percentage of fault. This rule is not applicable to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant had the duty of care towards them. This duty is due to everyone, but people who operate a vehicle owe an even higher duty to other people in their field. This includes ensuring that they don't cause accidents in motor vehicles.

Courtrooms compare an individual's actions to what a typical individual would do in similar circumstances to determine what constitutes an acceptable standard of care. Expert witnesses are often required in cases involving medical negligence. Experts with a higher level of expertise in a specific field could also be held to an even higher standard of care than other individuals in similar situations.

A person's breach of their duty of care may cause injury to a victim or their property. The victim is then required to show that the defendant violated their duty and caused the injury or damages they sustained. Causation is a crucial element of any negligence claim. It involves proving the primary and secondary causes of the injury and damages.

For instance, if someone runs a red stop sign then it's likely that they'll be hit by a car. If their car is damaged they'll be accountable for repairs. But the reason for the crash could be a cut on a brick that later develops into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. The breach of duty must be proved in order to be awarded compensation for a personal injury claim. A breach of duty occurs when the actions of the person at fault fall short of what reasonable people would do in similar circumstances.

For instance, a physician has several professional obligations to his patients based on laws of the state and licensing boards. Drivers are bound to protect other motorists and pedestrians, as well as to obey traffic laws. If a motorist violates this duty of care and motor vehicle Accident attorneys creates an accident, he is accountable for the injuries suffered by the victim.

Lawyers can use the "reasonable people" standard to prove that there is a duty of prudence and then show that defendant did not comply with this standard in his actions. It is a matter of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also establish that the breach of duty by the defendant was the primary cause for his or her injuries. It is more difficult to prove this than a breach of duty. For example the defendant could have crossed a red line, but his or her action wasn't the main cause of the crash. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle-related cases, the plaintiff must prove a causal link between defendant's breach and their injuries. If a plaintiff suffered neck injuries as a result of an accident with rear-end damage and his or her attorney will argue that the crash caused the injury. Other factors that are necessary to cause the collision, like being in a stationary vehicle, are not culpable, and will not affect the jury’s determination of the degree of fault.

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

It is important to consult an experienced attorney when you've been involved in a serious motor accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation, and Motor vehicle accident attorneys vehicle accident cases. Our lawyers have built working relationships with independent doctors in many specialties, as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

In motor vehicle accident attorney vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first type of damages covers all costs that can easily be summed up and calculated into a total, such as medical expenses, lost wages, repairs to property, and even future financial losses, such as diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, and loss of enjoyment can't be reduced to cash. These damages must be established through extensive evidence such as depositions of family members or friends of the plaintiff, medical records, or 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 to be divided between them. The jury must decide the percentage of blame each defendant is responsible for the accident, and divide the total damages awarded by the same percentage. New York law however, does not allow this. 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of trucks or cars. The resulting analysis of whether the presumption that permissive use applies is complicated and typically only a clear proof that the owner specifically refused permission to operate the vehicle will overcome it.