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If the liability is challenged in court, it becomes necessary to file a lawsuit. The defendant will then be given the opportunity to respond to the complaint.

New York follows pure comparative fault rules which means that should a jury find you to be at fault for causing an accident, your damages award will be reduced by your percentage of negligence. This rule does not apply to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant had an obligation of care to them. Almost everybody owes this duty to everyone else, however individuals who get behind the driving wheel of a motorized vehicle have a higher obligation to the other drivers in their zone of operation. This includes ensuring that they do not cause accidents in motor vehicle law vehicles.

In courtrooms, the quality of care is determined by comparing an individual's actions with what a typical person would do in the same conditions. This is why expert witnesses are frequently required when cases involve medical malpractice. Experts with more experience in particular fields may be held to a higher standard of care.

When someone breaches their duty of care, it could cause harm to the victim and/or their property. The victim must then show that the defendant's infringement of their duty led to the harm and damages they have suffered. Causation is a crucial element of any negligence claim. It requires proof of both the proximate and actual causes of the damage and injury.

If someone runs an intersection it is likely that they will be hit by another vehicle. If their vehicle is damaged, they'll be responsible for the repairs. But the reason for the crash could be a cut in a brick that later develops into a deadly infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury claim. A breach of duty is when the actions taken by the person who is at fault are insufficient to what a normal person would do in similar circumstances.

For instance, a doctor is required to perform a number of professional duties for his patients stemming from laws of the state and licensing boards. Drivers are obliged to be considerate of other drivers as well as pedestrians, and to adhere to traffic laws. If a driver violates this obligation of care and creates an accident, he is responsible for the injuries sustained by the victim.

A lawyer may use the "reasonable people" standard to prove that there is a duty of caution and then show that the defendant did not adhere to the standard in his actions. It is a question of fact for the jury to decide if the defendant met the standard or not.

The plaintiff must also prove that the defendant's negligence was the sole cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. A defendant might have walked through a red light however, that's not the reason for the crash on your bicycle. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle lawyers vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. For instance, if a plaintiff suffered an injury to his neck in a rear-end collision and their lawyer might argue that the collision was the cause of the injury. Other elements that could have caused the collision, like being in a stationary vehicle are not culpable and will not affect the jury's determination of the cause of the accident.

For psychological injuries However, the connection between an act of negligence and an injured plaintiff's symptoms could 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 is a user of drugs or alcohol.

It is imperative to consult an experienced lawyer if you have been involved in a serious motor accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle compensation vehicle accidents cases, business and commercial litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent doctors in different specialties, as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first category of damages comprises any financial costs that can be easily added up and calculated as a sum, such as medical treatment and motor vehicle case lost wages, property repair 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 can't be reduced to financial value. However these damages must be proved to exist with the help of extensive evidence, including deposition testimony from plaintiff's family members and close friends, medical records, and other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages awarded should be split between them. This requires the jury to determine how much responsibility each defendant had for the incident and then divide the total amount of damages by the percentage of blame. However, New York law 1602 excludes vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of cars or trucks. The method of determining if the presumption is permissive is complicated. Most of the time, only a clear demonstration that the owner was not able to grant permission for the driver to operate the vehicle will be sufficient to overturn the presumption.