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Motor Vehicle Litigation

If the liability is challenged and the liability is disputed, it is necessary to file a lawsuit. The defendant has the option to respond to the Complaint.

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

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant was bound by the duty of care towards them. Almost everybody owes this duty to everyone else, however those who take the steering wheel of a motor vehicle have a greater obligation to others in their area of activity. This includes ensuring that they don't cause car accidents.

In courtrooms the standard of care is determined by comparing an individual's actions against what a normal individual would do in similar circumstances. This is why expert witnesses are frequently required when cases involve medical malpractice. People who have superior knowledge in a specific field could be held to an higher standard of care than other individuals in similar situations.

When someone breaches their duty of care, they could cause harm to the victim and/or their property. The victim must prove that the defendant acted in breach of their obligation and caused the damage or damages they suffered. Causation is an essential element of any negligence claim. It involves proving both the primary and secondary causes of the injury and damages.

For instance, if a person runs a red light then it's likely that they'll be hit by a car. If their car is damaged, they will need to pay for repairs. But the actual cause of the crash 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 by an individual defendant. It must be proven in order to be awarded compensation for personal injury claims. A breach of duty is when the actions of the person at fault are not in line with what an ordinary person would do under similar circumstances.

A doctor, for instance, has several professional duties to his patients, arising from laws of the state and licensing boards. Motorists owe a duty care to other drivers and pedestrians on the road to drive safely and obey traffic laws. If a driver violates this duty of care and causes an accident, he is liable for the victim's injuries.

A lawyer can rely on the "reasonable people" standard to demonstrate that there is a duty of prudence and then prove that the defendant failed to meet this standard with his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also demonstrate that the breach by the defendant was the primary cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant could have run through a red light, however, that's not the reason for the bicycle accident. This is why causation is often contested by the defendants in cases of crash.

Causation

In motor vehicle accident lawyers vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. If the plaintiff sustained neck injuries as a result of a rear-end accident and his or her attorney will argue that the crash was the cause of the injury. Other factors that contributed to the collision, like being in a stationary car is not culpable and will not affect the jury’s determination of the degree of fault.

For psychological injuries However, the connection between a negligent act and an affected plaintiff's symptoms can be more difficult to establish. It may be because the plaintiff has a troubled past, has a difficult relationship with their parents, or has abused drugs or motor vehicle Accident lawyers alcohol.

It is essential to speak with an experienced lawyer in the event that you've been involved in a serious accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor Vehicle accident Lawyers vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have formed working relationships with independent medical professionals in a wide range of specialties and expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

In motor vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first type of damages covers the costs of monetary value that can easily be summed up and calculated into the total amount, which includes medical expenses as well as lost wages, repairs to property, and even the possibility of future financial loss, like diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, motor Vehicle Accident Lawyers and loss of enjoyment of life can't be reduced to monetary value. However the damages must be proven to exist using extensive evidence, such as deposition testimony from the plaintiff's family members and close friends medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts typically apply the rules of comparative fault to determine the amount of damages that should be divided between them. This requires the jury to determine how much fault each defendant had for the incident and then divide the total amount of damages by the percentage of fault. New York law however, does not allow for this. 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are sustained by the drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive usage applies is complicated, and typically only a clear proof that the owner explicitly did not have permission to operate his car will be sufficient to overcome it.