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Motor Vehicle Litigation

If liability is contested and the liability is disputed, it is necessary to file a lawsuit. The defendant is entitled to respond to the complaint.

New York follows pure comparative fault rules and, if the jury finds that you are responsible for causing an accident the damages awarded to you will be reduced by your percentage of negligence. This rule does not apply to owners of vehicles rented out or leased to minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant had the duty of care toward them. This duty is owed to everyone, but those who operate vehicles owe an even greater duty to others in their field. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms compare an individual's actions to what a typical person would do in similar conditions to determine reasonable standards of care. This is why expert witnesses are frequently required in cases involving medical negligence. People who have superior knowledge in a specific field could also be held to an even higher standard of care than other people in similar situations.

When someone breaches their duty of care, it may cause injury to the victim or their property. The victim must show that the defendant's infringement of their duty resulted in the harm and damages they sustained. Causation is an essential element of any negligence claim. It involves proving both the actual and proximate causes of the damage and injury.

For instance, if a driver has a red light there is a good chance that they'll be struck by a vehicle. If their vehicle is damaged, they will have to pay for the repairs. The real cause of the crash could be a brick cut that causes an infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that needs to be proved to obtain compensation in a personal injury lawsuit. A breach of duty is when the actions taken by the at-fault person fall short of what an ordinary person would do under similar circumstances.

A doctor, for instance, is required to perform a number of professional duties for his patients, arising from laws of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians on the road to drive safely and obey traffic laws. If a driver fails to comply with this obligation of care and causes an accident, he is responsible for the injuries sustained by the victim.

A lawyer can use "reasonable persons" standard to establish that there is a duty to be cautious and then show that the defendant did not adhere to this standard with his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also establish that the defendant's breach of duty was the primary cause for the injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For instance it is possible that a defendant crossed a red light, but it's likely that his or her actions wasn't the main reason for your bicycle crash. The issue of causation is often challenged in cases of crash by defendants.

Causation

In Motor vehicle accident attorneys vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and the injuries. For instance, if the plaintiff suffered an injury to his neck in a rear-end collision, his or her lawyer would argue that the accident caused the injury. Other factors that are essential to cause the collision, like being in a stationary vehicle, are not culpable, and do not affect the jury's decision of liability.

It may be harder to establish a causal connection between a negligent act and the plaintiff's psychological problems. It may be the case that the plaintiff has a rocky past, a poor relationship with their parents, or is a user of drugs or alcohol.

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

Damages

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

New York law recognizes that non-economic damages, such as suffering and pain, and loss of enjoyment of life, cannot be reduced to money. These damages must be proved by a wide array of evidence, including depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts typically use the comparative fault rule to determine the amount of damages that should be divided between them. The jury must decide the amount of fault each defendant carries for the incident, and divide the total damages awarded by the same percentage. New York law however, doesn't allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of these vehicles and trucks. The method of determining if the presumption is permissive or not is complex. 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.