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Motor Vehicle Litigation

When liability is contested 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, if a jury finds that you were at fault for an accident, your damages will be reduced based on your percentage of blame. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or motor vehicle accident leased by minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant owed the duty of care toward them. Almost everybody owes this duty to everyone else, but those who are behind the steering wheel of a motor vehicle have a higher obligation to other people in their field of operation. This includes ensuring that they do not cause accidents with motor vehicles.

In courtrooms the standards of care are determined by comparing an individual's actions to what a normal person would do in the same situations. This is why expert witnesses are often required when cases involve medical malpractice. Experts with a superior understanding of specific fields could be held to a higher standard of medical care.

A person's breach of their duty of care could cause harm to a victim, or their property. The victim is then required to prove that the defendant's breach of their duty resulted in the injury and damages that they sustained. Proving causation is a critical part of any negligence case which involves taking into consideration both the real basis of the injury or damages as well as the proximate reason for the injury or damage.

For instance, if a person has a red light then it's likely that they'll be hit by a vehicle. If their car is damaged, they will be responsible for the repairs. The reason for the accident could be a cut or a brick that later develops into a serious infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. The breach of duty must be proved for compensation in a personal injury case. A breach of duty is when the actions taken by the at-fault party are insufficient to what a normal person would do under similar circumstances.

A doctor, for instance, is required to perform a number of professional duties for his patients stemming from laws of the state and licensing boards. Motorists owe a duty of care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. If a driver violates this obligation and causes an accident is responsible for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of the duty of care and then show that the defendant did not meet that standard in 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 proximate cause of the injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example it is possible that a defendant crossed a red light, however, the act was not the sole cause of the crash. For this reason, the causation issue is often contested by defendants in crash cases.

Causation

In motor vehicle accidents vehicle cases the plaintiff must prove a causal link between the breach of the defendant and their injuries. If a plaintiff suffered a neck injury in an accident that involved rear-end collisions and his or her attorney will argue that the crash caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary vehicle, are not culpable, and do not affect the jury's determination of liability.

It could be more difficult to prove a causal link between a negligent act and the plaintiff's psychological problems. It may be the case that the plaintiff has a rocky background, a strained relationship with their parents, or has been a user of drugs or alcohol.

If you have been in an accident that is serious to your vehicle It is imperative to consult with an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, and motor vehicle accident lawsuit vehicle accident (mouse click the next page) cases. Our lawyers have established working relationships with independent doctors in a variety of specialties as well as experts in computer simulations and reconstruction of accidents.

Damages

The damages a plaintiff may recover in motor vehicle litigation include both economic and non-economic damages. The first type of damages covers any monetary costs that are easily added up and calculated as an amount, like medical expenses loss of wages, property repair, and even future financial losses like a decrease in earning capacity.

New York law also recognizes the right to recover non-economic damages, such as pain and suffering as well as loss of enjoyment of life which cannot be reduced to a dollar amount. These damages must be established through extensive evidence like depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages awarded should be split between them. The jury has to determine the percentage of fault each defendant is accountable for the accident and then divide the total damages awarded by the same percentage. New York law however, does not allow this. 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of cars or trucks. The analysis to determine whether the presumption is permissive is complex. The majority of the time, only a clear demonstration that the owner did not grant permission to the driver to operate the vehicle can overcome the presumption.