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Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. The Defendant will then have the chance to respond to the complaint.

New York has a pure comparative negligence rule. This means that, should a jury find that you were at fault for an accident and you are found to be at fault, your damages will be reduced according to your percentage of blame. This rule is not applicable to the owners of vehicles that are that are rented or leased out to minors.

Duty of Care

In a negligence lawsuit the plaintiff must show that the defendant was obligated to exercise reasonable care. The majority of people owe this obligation to everyone else, but those who take the car are obligated to the other drivers in their zone of operation. This includes ensuring that they do not cause motor vehicle accidents.

In courtrooms the standard of care is determined by comparing an individual's conduct with what a typical person would do under similar conditions. Expert witnesses are frequently required in cases involving medical malpractice. Experts who have a greater understanding of a certain field may be held to a higher standard of care.

A breach of a person's duty of care could cause harm to the victim or their property. The victim is then required to demonstrate that the defendant did not fulfill their duty of care and caused the injury or damage they sustained. Proving causation is a critical aspect of any negligence claim, and it involves looking at both the actual basis of the injury or damages as well as the proximate reason for the injury or damage.

If someone is driving through a stop sign, they are likely to be hit by another vehicle. If their car is damaged, they'll be required to pay for repairs. The actual cause of a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty by the defendant. This must be proven in order to obtain compensation for personal injury claims. A breach of duty occurs when the actions of the person at fault aren't in line with what reasonable people would do in similar circumstances.

For instance, a doctor is required to perform a number of professional duties for his patients that are governed by the law of the state and licensing boards. Drivers are required to be considerate of other drivers and pedestrians, as well as to follow traffic laws. A driver who breaches this obligation and motor vehicle accident creates an accident is accountable for the victim's injuries.

A lawyer can use "reasonable individuals" standard to demonstrate that there is a duty of care and then prove that the defendant did not meet this standard with his actions. It is a matter of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the proximate cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For instance, a defendant may have crossed a red line, but the action wasn't the main cause of your bike crash. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. For example, if the plaintiff sustained an injury to the neck as a result of an accident that involved rear-ends, his or her lawyer will argue that the collision was the cause of the injury. Other elements that are required to produce the collision, such as being in a stationary vehicle are not culpable and will not affect the jury's determination of the liability.

It can be difficult to establish a causal connection between an act of negligence and the plaintiff's psychological problems. It may be because the plaintiff has a rocky past, a poor relationship with their parents, or is a user of 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 years of experience representing clients in personal injury commercial and business litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors across a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages plaintiffs can seek in motor vehicle accident law firms vehicle litigation can include both economic and non-economic damages. The first type of damages is the costs of monetary value that are easily added together and calculated into an overall amount, including medical treatment as well as lost wages, repairs to property, and even the possibility of future financial loss, such loss of earning capacity.

New York law also recognizes the right to recover non-economic damages such as pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a monetary amount. The damages must be proven through extensive evidence like depositions of family members or friends of the plaintiff medical records, depositions, or other expert witness testimony.

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of damages that must be divided between them. The jury will determine the percentage of blame each defendant carries for the incident and then divide the total damages awarded by the same percentage. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of these trucks and cars. The process to determine if the presumption of permissiveness is complicated. In general there is only a clear proof that the owner refused permission to the driver to operate the vehicle will be able to overcome the presumption.