motor vehicle accident law firms Vehicle Litigation

If the liability is challenged, it becomes necessary to start a lawsuit. The defendant has the option to respond to the complaint.

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

Duty of Care

In a lawsuit for negligence the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. The majority of people owe this obligation to everyone else, however those who take the steering wheel of a motor vehicle have a greater obligation to other people in their field of activity. This includes not causing motor vehicle accidents.

In courtrooms, the standards of care are determined by comparing an individual's actions with what a typical person would do in similar situations. In cases of medical malpractice, expert witnesses are usually required. People with superior knowledge in a certain field may be held to a higher standard of medical care.

When a person breaches their duty of care, it may cause injury to the victim or their property. The victim then has to prove that the defendant acted in breach of their obligation and caused the damage or damage they sustained. Causation proof is a crucial aspect of any negligence case which involves considering both the actual basis of the injury or damages, as well as the causal reason for the damage or injury.

For instance, if someone runs a red stop sign, it's likely that they will be hit by a vehicle. If their car is damaged, they will have to pay for the repairs. The actual cause of an accident could be a brick cut that develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proven to win compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the party at fault do not match what a reasonable person would do in similar circumstances.

A doctor, for instance has a variety of professional obligations to his patients. These professional obligations stem from laws of the state and licensing bodies. 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 causes an accident, he is responsible for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then prove that the defendant failed to satisfy the standard through his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also prove that the breach of duty of the defendant was the main cause of his or her injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light, but that's not the cause of the crash on your bicycle. Because of this, causation is often contested by the defendants in cases of crash.

Causation

In motor vehicle cases the plaintiff must prove a causal link between breach by the defendant and their injuries. For example, if the plaintiff suffered a neck injury from an accident that involved rear-ends and their lawyer will argue that the collision was the cause of the injury. Other factors necessary to cause the collision, like being in a stationary vehicle are not considered to be culpable and will not impact the jury's decision to determine the cause of the accident.

It is possible to establish a causal relationship between a negligent act, motor vehicle accidents and the psychological symptoms of the plaintiff. It may be because the plaintiff has a troubled background, a strained relationship with their parents, or has used drugs or alcohol.

If you've been involved in a serious motor vehicle accident it is essential to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent doctors with a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages that a plaintiff may recover in a motor vehicle accident attorneys vehicle case include both economic and non-economic damages. The first type of damages covers any monetary expenses that can be easily added to calculate an amount, like medical expenses or lost wages, property repair and even future financial losses, like diminished earning capacity.

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

In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine how much of the damages awarded should be split between them. The jury has to determine the amount of fault each defendant carries for the accident and then divide the total damages awarded by that percentage. New York law however, does not allow this. 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are suffered by drivers of trucks or cars. 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 explicitly was not granted permission to operate the car will overcome it.