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Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant will then be given the opportunity to respond to the complaint.

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

Duty of Care

In a case of negligence, the plaintiff has to prove that the defendant owed the duty of care toward them. This duty is owed to all people, however those who operate vehicles owe an even higher duty to others in their field. This includes not causing accidents in motor vehicle accident lawyers (cs.xuxingdianzikeji.com) vehicles.

In courtrooms, the standards of care are determined by comparing an individual's behavior to what a normal person would do in the same conditions. This is why expert witnesses are often required in cases of medical malpractice. Experts with a higher level of expertise in a particular field may also be held to an higher standard of care than other people in similar situations.

When someone breaches their duty of care, it can cause injury to the victim or their property. The victim then has to show that the defendant violated their duty and caused the harm or damages they sustained. Causation is a key element of any negligence claim. It requires proving both the actual and proximate causes of the injuries and damages.

For example, if someone has a red light then it's likely that they will be hit by a vehicle. If their vehicle is damaged, they'll be responsible for the repairs. But the actual cause of the crash could be a cut in the brick, which then develops into a deadly infection.

Breach of Duty

The second element of negligence is the breach of duty by the defendant. The breach of duty must be proved in order to be awarded compensation in a personal injury case. A breach of duty occurs when the actions of 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 towards his patients. These obligations stem from state law and licensing bodies. Drivers are bound to take care of other drivers as well as pedestrians, and to follow traffic laws. If a driver violates this obligation of care and results in an accident, the driver is accountable for the injuries sustained by the victim.

Lawyers can use the "reasonable people" standard to demonstrate that there is a duty of care and then demonstrate that defendant did not adhere to the standard in his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also demonstrate that the breach by the defendant was the main cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For instance an individual defendant could have crossed a red light, however, the act was not the sole reason for your bicycle crash. This is why the causation issue is often contested by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. If the plaintiff sustained neck injuries in an accident with rear-end damage and his or her attorney would argue that the collision was the reason for the injury. Other factors that are necessary in causing the collision such as being in a stationary vehicle, are not culpable, and do not affect the jury's decision of the liability.

It is possible to establish a causal connection between an act of negligence and the plaintiff's psychological problems. The fact that the plaintiff suffered from a a troubled childhood, poor relationship with his or her parents, was a user of alcohol and drugs or prior unemployment could have a influence on the severity the psychological issues he or she suffers after an accident, however, the courts typically consider these factors as part of the circumstances that caused the accident in which the plaintiff resulted rather than an independent cause of the injuries.

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

Damages

In motor vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first type of damages comprises any financial costs that can easily be added up and calculated as a total, for example, medical expenses, lost wages, property repair and even future financial losses like a diminished earning capacity.

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

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages awarded should be divided between them. The jury must determine the proportion of fault each defendant has for the accident and then divide the total amount of damages awarded by the same percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of those cars and trucks. The analysis to determine whether the presumption of permissiveness is complex. In general there is only a clear proof that the owner denied permission for the driver to operate the vehicle will overcome the presumption.