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Motor Vehicle Litigation

If liability is contested then it is necessary to start a lawsuit. The defendant is entitled to respond to the complaint.

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

Duty of Care

In a negligence suit the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. Most people owe this duty to everyone else, however those who sit behind the wheel of a motor vehicle are obligated to other people in their field of activity. This includes not causing accidents in motor vehicles.

In courtrooms, the standard of care is established by comparing an individual's conduct with what a typical person would do in the same situations. In cases of medical malpractice experts are often required. Experts with a superior understanding of the field could be held to a higher standard of care.

If a person violates their duty of care, it could cause injury to the victim or their property. The victim is then required to show that the defendant violated their duty and caused the injury or damages they suffered. Causation is a crucial element of any negligence claim. It requires proof of both the actual and proximate causes of the damages and injuries.

If a driver is caught running an intersection it is likely that they will be hit by a car. If their vehicle is damaged, they will be required to pay for repairs. The reason for an accident could be a fracture in the brick that leads to an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. This must be proved in order to obtain compensation for personal injury claims. A breach of duty is when the actions taken by the person who is at fault are not in line with what an ordinary person would do under similar circumstances.

A doctor, for example is a professional with a range of professional obligations to his patients. These professional obligations stem from state law and licensing bodies. Drivers are obliged to be considerate of other drivers and pedestrians, and to obey traffic laws. If a driver violates this duty of care and results in an accident, the driver is responsible for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then show that the defendant did not comply with the standard in his actions. It is a question of fact that the jury has to decide if the defendant was in compliance with the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the direct cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For example the defendant could have run a red light but the action wasn't the main cause of the crash. Because of this, causation is frequently disputed by the defendants in cases of crash.

Causation

In South San Francisco Motor [Redirect-Java] Vehicle Accident Attorney (Vimeo.Com) vehicle cases, the plaintiff must prove that there is a causal connection between the breach of the defendant and the injuries. For example, if the plaintiff suffered an injury to the neck as a result of a rear-end collision, his or her lawyer might argue that the collision was the cause of the injury. Other factors that contributed to the collision, like being in a stationary car is not culpable and won't affect the jury's decision to determine the degree of fault.

For psychological injuries However, the connection between an act of negligence and an injured plaintiff's symptoms may be more difficult to establish. It may be the case that the plaintiff has a rocky past, a poor relationship with their parents, or has used alcohol or drugs.

It is crucial to consult an experienced lawyer in the event that you've been involved in a serious car accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation and raymondville motor vehicle accident law firm vehicle accident cases. Our lawyers have developed working relationships with independent doctors across a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well as with private investigators.

Damages

In motor [Redirect-301] vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first category of damages includes all financial costs that can be easily added together and calculated as a total, such as medical treatment or lost wages, repair to property, and even future financial loss, for instance a diminished earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment of life, cannot be reduced to monetary value. However the damages must be established to exist through extensive evidence, such as deposition testimony of the plaintiff's family members and close friends, medical records, and other expert witness testimony.

In cases where there are multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages to be split between them. This requires the jury to determine how much fault each defendant had for the accident, and then divide the total amount of damages by that percentage of blame. New York law however, does not allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of trucks or cars. The process to determine if the presumption is permissive is complicated. The majority of the time it is only a clear evidence that the owner was not able to grant permission for the driver to operate the vehicle can overrule the presumption.