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Motor Vehicle Litigation

When a claim for liability is litigated in court, it becomes necessary to file a lawsuit. The Defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, should a jury find you to be at fault for an accident, your damages will be reduced based on your percentage of fault. 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 lawsuit for negligence the plaintiff must show that the defendant owed them a duty to act with reasonable care. Nearly everyone owes this obligation to everyone else, however individuals who get behind the wheel of a motor vehicle are obligated to others in their area of activity. This includes not causing motor vehicle accidents.

Courtrooms evaluate an individual's behavior with what a normal person would do in the same circumstances to establish what is a reasonable standard of care. This is why expert witnesses are often required in cases involving medical malpractice. Experts who are knowledgeable in a specific field could be held to an even higher standard of care than others in similar situations.

When a person breaches their duty of care, it may cause injury to the victim or their property. The victim must demonstrate that the defendant's violation of their duty caused the damage and injury they sustained. Proving causation is an essential aspect of any negligence claim which involves looking at both the actual reason for the injury or damages as well as the cause of the damage or injury.

For example, if someone runs a red stop sign there is a good chance that they'll be hit by a car. If their vehicle is damaged, they'll have to pay for the repairs. The real cause of a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

The second element of negligence is the breach of duty committed by an individual defendant. It must be proven in order to be awarded compensation for a personal injury claim. A breach of duty occurs when the actions of the at-fault person do not match what a normal person would do under similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients stemming from laws of the state and licensing boards. Drivers have a duty to care for other drivers and pedestrians, and adhere to traffic laws. If a driver violates this duty and causes an accident is responsible for the victim's injuries.

A lawyer may use the "reasonable person" standard to establish the existence of a duty of care and then demonstrate that the defendant did not satisfy the standard through his actions. It is a matter of fact that the jury has to decide if the defendant fulfilled the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the proximate cause of the injuries. It can be more difficult to prove this than a breach of duty. For instance it is possible that a defendant run a red light however, the act was not the primary cause of your bicycle crash. Because of this, the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle accident lawyer vehicle cases, the plaintiff must establish a causal link between the breach by the defendant and their injuries. If a plaintiff suffered neck injuries in a rear-end accident the attorney for the plaintiff will argue that the incident caused the injury. Other factors that are necessary in causing the collision like being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's decision of the liability.

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

If you have been in a serious motor vehicle accident It is imperative to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent medical professionals in a range of specialties, expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

In Motor Vehicle accident Law Firm vehicle litigation, a person can recover both economic and noneconomic damages. The first type of damages encompasses all financial costs that can easily be summed up and calculated as the total amount, which includes medical treatment and lost wages, repairs to property, or even a future financial loss, such the loss of earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, and loss of enjoyment of living cannot be reduced to financial value. However, these damages must be established to exist by a variety of evidence, such as deposition testimony of the plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the damages awarded should be divided between them. This requires the jury to determine how much responsibility each defendant was at fault for the accident, and then divide the total amount of damages by that percentage of the fault. New York law however, does not permit this. 1602 does not exempt vehicle owners from the rule of comparative negligence in cases where injuries are suffered by drivers of trucks or cars. The resulting analysis of whether the presumption of permissiveness applies is complex and usually only a clear proof that the owner has explicitly did not have permission to operate his car will overcome it.