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motor vehicle accidents Vehicle Litigation

If the liability is challenged and the liability is disputed, it is necessary to bring a lawsuit. The defendant has the right to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds that you were at fault for an accident and you are found to be at fault, your damages will be reduced based on your percentage of blame. This rule does not apply to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence lawsuit the plaintiff must show that the defendant was obligated to act with reasonable care. This duty is owed by everyone, but those who drive a vehicle owe an even higher duty to others in their field. This includes not causing accidents in motor vehicles.

Courtrooms examine an individual's conduct to what a typical individual would do in the same circumstances to establish what is an acceptable standard of care. This is why expert witnesses are frequently required in cases involving medical malpractice. Experts who have a greater understanding of the field could be held to a higher standard of medical care.

A person's breach of their obligation of care can cause harm to the victim or their property. The victim then has to prove that the defendant breached their obligation and caused the damage or damage that they suffered. The proof of causation is an essential aspect of any negligence case and involves looking at both the actual cause of the injury or damages and the proximate reason for the damage or injury.

For instance, if someone runs a red light and is stopped, they'll be struck by another car. If their vehicle is damaged, they'll need to pay for repairs. The real cause of the crash could be a fracture in the brick that leads to an infection.

Breach of Duty

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

For example, a doctor has several professional duties to his patients that are governed by state law and licensing boards. Drivers have a duty to be considerate of other drivers and pedestrians, as well as to follow traffic laws. A driver who breaches this obligation and causes an accident is responsible for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to establish 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 question of fact for the jury to decide if the defendant complied with the standard or not.

The plaintiff must also prove that the breach by the defendant was the main cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. For example it is possible that a defendant crossed a red line, however, the act wasn't the main cause of the crash. For Motor Vehicle Accident Attorney this reason, the causation issue is often contested by the defendants in cases of crash.

Causation

In motor vehicle accident lawyer vehicle cases, the plaintiff must prove that there is a causal connection between the breach of the defendant and the injuries. If the plaintiff sustained an injury to the neck in an accident that involved rear-end collisions and his or her attorney would argue that the collision was the reason for the injury. Other factors that are necessary to produce the collision, like being in a stationary car, are not culpable and will not affect the jury's decision of liability.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff had an unhappy childhood, a poor relationship with their parents, was a user of alcohol and drugs or had previous unemployment may have some bearing on the severity of the psychological issues he or is suffering from following an accident, however, the courts generally view these factors as part of the background circumstances that caused the accident resulted rather than an independent cause of the injuries.

It is imperative to consult an experienced attorney if you have been involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor Vehicle Accident Attorney vehicle accident cases, business and commercial litigation, and personal injury cases. Our lawyers have established working relationships with independent medical professionals in a range of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff could get both economic and non-economic damages. The first category of damages is any monetary costs that can easily be added to calculate an amount, like medical treatment loss of wages, property repairs, and even future financial losses, such as diminished earning capacity.

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

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages award should be allocated between them. The jury has to determine the proportion of fault each defendant carries for the accident and then divide the total amount of damages awarded by the same percentage. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of these vehicles and trucks. The process of determining whether the presumption is permissive or not is complicated. In general it is only a clear evidence that the owner did not grant permission to the driver to operate the vehicle can be sufficient to overturn the presumption.