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Motor Vehicle Litigation

A lawsuit is required when liability is in dispute. The Defendant will then have the chance to respond to the complaint.

New York has a pure comparative negligence rule. This means that if a jury finds that you were at fault for an accident the amount of damages you will be reduced based on your percentage of fault. This rule does not apply to owners of vehicles rented out or leased to minors.

Duty of Care

In a negligence case the plaintiff has to prove that the defendant was obligated to exercise reasonable care. This duty is due to all people, however those who operate vehicles owe an even greater obligation to other drivers in their field. This includes ensuring that there are no accidents in motor vehicle accident lawyers (your domain name) vehicles.

In courtrooms, the standard of care is determined by comparing an individual's conduct against what a normal individual would do in the same conditions. In the event of medical negligence experts are typically required. Experts with a superior understanding of particular fields may be held to a greater standard of treatment.

If someone violates their duty of care, it can cause injury to the victim or their property. The victim has to establish that the defendant's breach of their duty caused the damage and injury they sustained. Causation is a crucial element of any negligence claim. It involves proving the proximate and actual causes of the damage and injury.

If someone runs an stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their car is damaged they'll be accountable for repairs. The actual cause of the crash could be a brick cut which develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that must be proved to obtain compensation in a personal injury claim. A breach of duty occurs when the actions of the person at fault aren't in line with what a reasonable person would do in similar circumstances.

For instance, a doctor is a professional with a range of professional obligations to his patients. These obligations stem from the law of the state and licensing authorities. Motorists owe a duty care to other motorists and pedestrians on the road to drive safely and observe traffic laws. When a driver breaches this obligation of care and causes an accident, he is accountable for the victim's injuries.

A lawyer can use the "reasonable person" standard to prove the existence of a duty of care and then demonstrate that the defendant failed to meet the standard in his actions. It is a question of fact that the jury has to decide if the defendant met the standard or not.

The plaintiff must also prove that the breach of duty of the defendant was the proximate cause of his or her injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light, but that wasn't what caused the accident on your bicycle. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. If a plaintiff suffers a neck injury in an accident with rear-end damage and his or her attorney will argue that the incident was the reason for the injury. Other factors 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 negligence and the injured plaintiff's symptoms could be more difficult to establish. It may be because the plaintiff has a rocky past, has a bad relationship with their parents, or has been a user of alcohol or drugs.

It is imperative to consult an experienced attorney should you be involved in a serious accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent medical professionals across a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages plaintiffs can seek in motor vehicle accident lawyer vehicle litigation include both economic and non-economic damages. The first type of damages is any monetary costs that can be easily added up and calculated as a sum, such as medical expenses or lost wages, property repairs, and even future financial losses such as diminished earning capacity.

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

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages to be divided between them. The jury must determine the percentage of fault each defendant has for the incident, and divide the total damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of the vehicles. The resulting analysis of whether the presumption that permissive use is applicable is a bit nebulous, and typically only a convincing evidence that the owner has explicitly refused permission to operate the car will be sufficient to overcome it.