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Motor Vehicle Litigation

When liability is contested in court, it becomes necessary to file a lawsuit. The defendant is entitled to respond to the complaint.

New York follows pure comparative fault rules which means that when a jury finds you to be the cause of the accident the damages awarded to you will be reduced by your percentage of negligence. 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 negligence case, the plaintiff must prove that the defendant was obligated to exercise reasonable care. This duty is owed to everyone, but people who operate vehicles owe an even greater obligation to other drivers in their field. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms examine an individual's conduct with what a normal person would do under the same circumstances to establish what is a reasonable standard of care. In the case of medical malpractice expert witnesses are typically required. Experts with more experience in a certain field may be held to a greater standard of treatment.

A breach of a person's obligation of care can cause injury to a victim or their property. The victim is then required to demonstrate that the defendant's violation of their duty led to the harm and motor vehicle accident lawyers damages they suffered. Causation proof is a crucial aspect of any negligence claim and involves taking into consideration both the real reason for the injury or damages and the proximate reason for the injury or damage.

For instance, if a person runs a red stop sign then it's likely that they'll be struck by a vehicle. If their car is damaged, they will be required to pay for repairs. The cause of a crash could be a brick cut that causes an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. It must be proven in order to obtain compensation for personal injury claims. A breach of duty is when the actions taken by the at-fault party are insufficient to what an ordinary person would do under similar circumstances.

A doctor, for example is a professional with a range of professional obligations to his patients, which stem from the law of the state and licensing bodies. Motorists owe a duty care to other drivers and pedestrians to drive in a safe manner and adhere to traffic laws. If a motorist violates this obligation of care and causes an accident, he is accountable for motor vehicle Accident lawyers the injury suffered by the victim.

A lawyer can use "reasonable individuals" standard to show that there is a duty of caution and then demonstrate that defendant did not adhere to this standard with his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also prove that the defendant's negligence was the primary cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example, a defendant may have crossed a red light, however, the act was not the sole cause of your bicycle crash. In this way, causation is often contested by the defendants in cases of crash.

Causation

In motor vehicle accidents, the plaintiff must prove a causal link between the breach of the defendant and the injuries. For instance, if a plaintiff suffered an injury to the neck as a result of a rear-end collision and his or her lawyer would claim that the collision caused the injury. Other elements that could have caused the collision, such as being in a stationary car, are not culpable, and will not influence the jury's decision on the cause of the accident.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It may be that the plaintiff has a turbulent past, has a difficult relationship with their parents, or is a user of drugs or alcohol.

It is imperative to consult an experienced lawyer should you be involved in a serious car accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, and Motor Vehicle Accident Lawyers vehicle crash cases. Our lawyers have developed working relationships with independent doctors in a range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, and with private investigators.

Damages

The damages that a plaintiff can recover in a motor vehicle case include both economic and non-economic damages. The first type of damages covers any monetary costs that are easily added up and calculated as the sum of medical treatment, lost wages, property repair, and even future financial losses like diminished earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of living can't be reduced to cash. The proof of these damages is with a large amount of evidence, such as depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine the proportion of damages award should be allocated between them. The jury must decide the percentage of fault each defendant carries for the accident and then divide the total amount of damages awarded by the 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 these vehicles and trucks. The analysis to determine whether the presumption is permissive is complicated. The majority of the time the only way to prove that the owner was not able to grant permission for the driver to operate the vehicle can overrule the presumption.