• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Motor Vehicle Litigation

When a claim for liability is litigated, it becomes necessary to start a lawsuit. The defendant will then be given the opportunity to respond to the complaint.

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

Duty of Care

In a negligence lawsuit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. This duty is owed to everyone, but people who operate a vehicle owe an even greater obligation to others in their field. This includes ensuring that they don't cause motor vehicle accidents.

Courtrooms assess an individual's actions with what a normal person would do under the same circumstances to determine what constitutes reasonable standards of care. In the case of medical malpractice experts are often required. Experts with more experience in particular fields may be held to a greater standard of medical care.

A breach of a person's obligation of care can cause injury to a victim or their property. The victim then has to prove that the defendant acted in breach of their duty of care and caused the injury or damages they suffered. Causation is a crucial element of any negligence claim. It requires proving both the primary and secondary causes of the damages and injuries.

For instance, if someone runs a red stop sign then it's likely that they'll be struck by another car. If their vehicle is damaged, they'll be accountable for the repairs. But the actual cause of the accident could be a cut on a brick that later develops into a potentially dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proved in order to receive compensation in a personal injury claim. 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.

For example, a doctor has several professional obligations to his patients, arising from the law of the state and licensing boards. Motorists are required to show care to other drivers and pedestrians to drive in a safe manner and adhere to traffic laws. A driver who breaches this obligation and results in an accident is responsible for the injuries of the victim.

A lawyer can rely on the "reasonable individuals" standard to prove that there is a duty of care and then demonstrate that defendant failed to meet this standard in his conduct. It is a matter of fact for the jury to decide whether the defendant fulfilled the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the primary cause of his or her injuries. It can be 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 your bicycle accident. Because of this, the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle accidents, the plaintiff must prove a causal link between the breach of the defendant and the injuries. For example, if the plaintiff sustained neck injuries as a result of a rear-end collision and their lawyer will argue that the accident caused the injury. Other factors that are needed in causing the collision such as being in a stationary vehicle, are not culpable and do not affect the jury's decision of liability.

For psychological injuries However, the connection between a negligent act and the affected plaintiff's symptoms can be more difficult to establish. It may be the case that the plaintiff has a turbulent past, Motor vehicle accidents a poor relationship with their parents, or has abused alcohol or drugs.

If you have been in a serious motor vehicle accident it is essential to speak with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident as well as business and commercial litigation, as well as personal injury cases. Our lawyers have established working relationships with independent doctors in different specialties, as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

The damages plaintiffs can claim in motor vehicle litigation include both economic and non-economic damages. The first type of damages encompasses the costs of monetary value that can be easily added together and calculated into the total amount, which includes medical treatments and lost wages, repairs to property, and even the possibility of future financial loss, such a diminished earning capacity.

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

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine how much of the damages awarded should be divided between them. The jury will determine the percentage of blame each defendant has for the accident, and divide the total damages awarded by the percentage. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the comparative negligence rule in the event of injuries suffered by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use applies is complicated and usually only a clear evidence that the owner explicitly refused permission to operate the vehicle will overcome it.