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Motor Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The defendant is entitled to respond to the complaint.

New York follows pure comparative fault rules and, motor vehicle accidents if the jury finds you to be the cause of the crash the damages awarded to you will be reduced by your percentage of negligence. This rule is not applicable to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant was bound by the duty of care toward them. Almost everybody owes this duty to everyone else, however those who sit behind the driving wheel of a motorized vehicle have a higher obligation to other people in their field of operation. This includes ensuring that they do not cause motor Vehicle accidents - www.chunwun.com,.

In courtrooms the quality of care is determined by comparing an individual's behavior against what a normal individual would do in the same circumstances. In the event of medical negligence experts are typically required. Experts with a superior understanding of the field could be held to a higher standard of care.

A person's breach of their duty of care can cause injury to a victim or their property. The victim is then required to establish that the defendant's breach of their duty caused the harm and damages they suffered. Proving causation is an essential element in any negligence case, and it involves taking into consideration both the real causes of the injury damages as well as the cause of the damage or injury.

For instance, if someone runs a red stop sign and is stopped, they will be hit by a car. If their vehicle is damaged, they will be responsible for repairs. But the actual cause of the crash could be a cut from a brick that later develops into a serious infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. It must be proven for compensation in a personal injury case. A breach of duty occurs when the actions of the party at fault are not in line with what reasonable people would do in similar circumstances.

A doctor, for example has a variety of professional duties towards his patients, which stem from the law of the state and licensing bodies. Motorists are required to show care to other drivers and pedestrians on the road to be safe and follow traffic laws. A driver who breaches this obligation and creates an accident is accountable for the injuries sustained by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then prove that the defendant failed to meet that standard in his actions. It is a matter of fact that the jury has to decide whether the defendant fulfilled the standard or not.

The plaintiff must also demonstrate that the breach by the defendant was the sole cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant may have run through a red light, but that wasn't what caused the bicycle accident. In this way, causation is often challenged by defendants in collision cases.

Causation

In motor vehicle accident attorneys vehicle cases, the plaintiff must prove that there is a causal connection between the breach by the defendant and their injuries. If a plaintiff suffered neck injuries in an accident with rear-end damage then his or her attorney will argue that the incident was the cause of the injury. Other factors that are essential 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 the liability.

For psychological injuries, however, the link between a negligent act and an injured plaintiff's symptoms may be more difficult to establish. It could be the case that the plaintiff has had a difficult background, a strained relationship with their parents, or has abused drugs or alcohol.

It is imperative to consult an experienced attorney should you be involved in a serious motor accident. The attorneys 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 physicians in a variety of areas of expertise as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

In motor vehicle litigation, a plaintiff may get both economic and non-economic damages. The first category of damages is any monetary expenses that can be easily added to calculate the sum of medical treatment or lost wages, property repair and even future financial losses like diminished earning capacity.

New York law also recognizes the right to seek non-economic damages such as 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 the plaintiff's family members and close friends medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages award should be allocated between them. The jury will determine the proportion of fault each defendant has for the incident and then divide the total amount of damages awarded by that percentage. However, New York law 1602 does not exempt vehicle owners from the comparative negligence rule in cases where injuries are suffered by drivers of cars or motor vehicle accidents trucks. The subsequent analysis of whether the presumption that permissive use applies is complicated and typically only a clear evidence that the owner explicitly did not have permission to operate his vehicle will overcome it.