Motor Motor vehicle Accident Vehicle Litigation

When liability is contested and the liability is disputed, it is necessary to file a lawsuit. The Defendant has the right to respond to the Complaint.

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

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant owed the duty of care toward them. This duty is owed to all, but those who operate vehicles owe an even greater duty to other people in their field. This includes ensuring that they don't cause motor vehicle accidents.

Courtrooms evaluate an individual's behavior to what a typical person would do in the same circumstances to determine what constitutes an acceptable standard of care. Expert witnesses are often required when cases involve medical malpractice. Experts with a superior understanding of a certain field may be held to a higher standard of care.

When a person breaches their duty of care, it may cause damage to the victim as well as their property. The victim must prove that the defendant's breach of their duty caused the injury and damages that they suffered. Causation is an essential element of any negligence claim. It requires proof of both the proximate and actual causes of the injuries and damages.

For instance, if a person is stopped at a red light then it's likely that they will be hit by a vehicle. If their car is damaged, they'll need to pay for repairs. The reason for the crash could be a brick cut that develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty by a defendant. It must be proven in order to receive compensation in a personal injury case. A breach of duty occurs when the actions of the at-fault person are insufficient to what an ordinary person would do under similar circumstances.

For instance, a doctor has several professional duties to his patients stemming from state law and licensing boards. Drivers are obliged to take care of other drivers as well as pedestrians, and to adhere to traffic laws. If a motorist violates this obligation of care and results in an accident, the driver is liable for the victim's injuries.

A lawyer can use "reasonable persons" standard to demonstrate that there is a duty of prudence and then show that the defendant did not adhere to this standard in his conduct. It is a question of fact that the jury has to decide whether the defendant was in compliance with the standard or not.

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

Causation

In motor vehicle cases the plaintiff must prove a causal link between breach of the defendant and the injuries. For example, if the plaintiff sustained an injury to his neck in a rear-end collision and their lawyer could claim that the collision caused the injury. Other factors necessary to cause the collision, like being in a stationary car are not considered to be culpable and will not impact the jury's determination of fault.

For psychological injuries However, the connection between negligence and the injured plaintiff's symptoms may be more difficult to establish. It could be because the plaintiff has a turbulent past, has a bad relationship with their parents, or has abused drugs or alcohol.

If you've been involved in a serious motor vehicle accident it is crucial to consult an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent physicians in various specialties, as well experts in computer simulations and reconstruction of accident.

Damages

In motor vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first type of damages includes all costs that can be easily added together and Motor vehicle accident calculated as a total, such as medical treatment as well as lost wages, repairs to property, and even future financial loss, such a diminished earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of living are not able to be reduced to financial value. The proof of these damages is through extensive evidence like depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts often use comparative fault rules to determine the amount of damages to be divided between them. This requires the jury to determine the degree of fault each defendant had for the incident and then divide the total damages awarded by the percentage of the fault. New York law however, does not allow this. 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of trucks or cars. The method of determining if the presumption is permissive or not is complex. In general the only way to prove that the owner refused permission for the driver to operate the vehicle can overcome the presumption.