Motor Vehicle Litigation

When liability is contested, it becomes necessary to file a lawsuit. The defendant then has the opportunity to respond to the complaint.

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

Duty of Care

In a case of negligence the plaintiff must prove that the defendant owed the duty of care toward them. Most people owe this duty to everyone else, but individuals who get behind the steering wheel of a motor vehicle claim vehicle have an even higher duty to the other drivers in their zone of activity. This includes not causing accidents in motor vehicle lawyer vehicles.

In courtrooms the standard of care is established by comparing the actions of an individual against what a normal individual would do under similar situations. Expert witnesses are frequently required in cases of medical malpractice. Experts with a higher level of expertise in a specific field could be held to a higher standard of care than other individuals in similar situations.

When a person breaches their duty of care, it can cause injury to the victim or their property. The victim must demonstrate that the defendant's violation of their duty led to the injury and damages that they suffered. Causation is a crucial element of any negligence claim. It requires proving both the primary and secondary causes of the damage and injury.

If a person is stopped at an intersection and fails to obey the stop sign, they could be hit by another vehicle. If their vehicle is damaged, they will be required to pay for repairs. The actual cause of a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that needs to be proved in order to receive compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault do not match what an average person would do in similar circumstances.

A doctor, for instance, has a number of professional obligations to his patients that are derived from the law of the state and licensing authorities. Motorists owe a duty of care to other drivers and pedestrians to drive safely and observe traffic laws. If a motorist violates this obligation of care and causes an accident, he is accountable for the injuries sustained by the victim.

A lawyer can use "reasonable persons" standard to establish that there is a duty of care and then demonstrate that defendant did not adhere to this standard in his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also prove that the defendant's negligence was the main cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light however, that's not the reason for the crash on your bicycle. In this way, causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle attorneys vehicle cases the plaintiff must establish an causal link between breach by the defendant and their injuries. For instance, if the plaintiff sustained an injury to the neck as a result of an accident that involved rear-ends the lawyer could argue that the collision caused the injury. Other elements that are required in causing the collision such as being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's determination of liability.

For psychological injuries, however, the link between an act of negligence and an victim's afflictions may be more difficult to establish. It could be the case that the plaintiff has a rocky past, has a difficult relationship with their parents, or is a user of drugs or alcohol.

If you have been in an accident involving a motor vehicle legal vehicle that was serious It is imperative to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents as well as business and commercial litigation, as well as personal injury cases. Our lawyers have established working relationships with independent doctors in a variety of areas of expertise as well as experts in computer simulations and reconstruction of accidents.

Damages

In motor vehicle litigation, a plaintiff could be able to recover both economic and noneconomic damages. The first type of damages covers the costs of monetary value that are easily added together and calculated as a total, for motor vehicle litigation example, medical expenses, lost wages, repairs to property, and even the possibility of future financial loss, such loss of earning capacity.

New York law recognizes that non-economic damages like pain and suffering, and loss of enjoyment of life, cannot be reduced to cash. However these damages must be proved to exist using extensive evidence, including deposition testimony of 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 damages to be divided between them. This requires the jury to determine how much fault each defendant incurred in the incident and then divide the total damages awarded by that percentage of blame. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these vehicles and Motor Vehicle Litigation trucks. The method of determining if the presumption is permissive is complex. The majority of the time there is only a clear proof that the owner refused permission for the driver to operate the vehicle can be sufficient to overturn the presumption.