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Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. 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 and you are found to be at fault, your damages will be reduced according to your percentage of blame. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant was bound by an obligation of care to them. Most people owe this duty to everyone else, however individuals who get behind the car are obligated to the people in their area of activity. This includes ensuring that they do not cause motor vehicle accident attorney vehicle accidents.

Courtrooms assess an individual's actions with what a normal person would do in the same circumstances to determine what constitutes an acceptable standard of care. Expert witnesses are often required when cases involve medical malpractice. People with superior knowledge in particular fields may be held to a higher standard of medical care.

When a person breaches their duty of care, they could cause harm to the victim and/or their property. The victim then has to demonstrate that the defendant did not fulfill their duty and caused the injury or damage that they suffered. Causation is an essential element of any negligence claim. It requires proof of both the proximate and actual causes of the damages and injuries.

If a person is stopped at the stop sign, they are likely to be struck by another vehicle. If their vehicle is damaged, they will be responsible for the repairs. The reason for an accident could be a brick cut which develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. The breach of duty must be proved for compensation for a personal injury claim. A breach of duty occurs when the actions of the at-fault person fall short of what a normal person would do under similar circumstances.

For instance, a doctor is required to perform a number of professional duties for his patients based on laws of the state and licensing boards. Motorists are required to show care to other drivers and pedestrians to drive safely and obey traffic laws. If a driver violates this obligation and causes an accident is accountable for the injuries sustained by the victim.

A lawyer can use the "reasonable person" standard to establish the existence of a duty of care and then demonstrate that the defendant failed to meet that standard in his actions. It is a question of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the proximate cause of his or her injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have run through a red light, Motor Vehicle Accident but that's not what caused your bicycle accident. In this way, causation is often contested by defendants in crash cases.

Causation

In motor vehicle cases the plaintiff must establish an causal link between defendant's breach and their injuries. For motor vehicle accident instance, if the plaintiff suffered a neck injury from a rear-end collision the lawyer might argue that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary car is not culpable and won't affect the jury's decision on the cause of the accident.

It is possible to establish a causal connection between a negligent action and the plaintiff's psychological symptoms. It may be because the plaintiff has a turbulent past, has a difficult relationship with their parents, or is a user of drugs or alcohol.

If you've been involved in a serious motor vehicle accident, it is important to speak with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in many specialties, as well expert witnesses in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a person can seek both economic and noneconomic damages. The first type of damages covers the costs of monetary value that can easily be summed up and calculated into a total, for example, medical treatments and lost wages, repairs to property, and even the possibility of future financial loss, such a diminished earning capacity.

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

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages award should be allocated between them. This requires the jury to determine the degree of fault each defendant incurred in the accident and then divide the total damages award by the percentage of fault. New York law however, does not permit this. 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are suffered by drivers of trucks or cars. The process of determining whether the presumption of permissiveness is complex. The majority of the time there is only a clear proof that the owner denied permission to the driver to operate the vehicle will be able to overcome the presumption.