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Motor Vehicle Litigation

If liability is contested and the liability is disputed, it is necessary to file a lawsuit. The defendant has the option 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 based on your percentage of fault. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a negligence suit the plaintiff must show that the defendant owed them a duty to act with reasonable care. Almost everybody owes this duty to everyone else, but those who take the wheel of a motor vehicle accident law Firms vehicle are obligated to the other drivers in their zone of operation. This includes ensuring that they don't cause accidents in motor vehicle accident lawsuit vehicles.

In courtrooms, the standard of care is established by comparing an individual's conduct with what a normal person would do in the same situations. Expert witnesses are frequently required in cases involving medical negligence. People who have superior knowledge in a specific field could also be held to the highest standards of care than other people in similar situations.

If someone violates their duty of care, it may cause injury to the victim or their property. The victim is then required to show that the defendant violated their obligation and caused the damage or damages they suffered. Causation is an important part of any negligence claim. It involves proving both the actual and proximate causes of the damages and injuries.

For example, if someone runs a red stop sign, it's likely that they'll be struck by a vehicle. If their car is damaged, they'll be responsible for the repairs. The actual cause of a crash could be a brick cut that causes an infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proved in order to receive compensation in a personal injury case. A breach of duty occurs when the actions of the at-fault party fall short of what a normal person would do in similar circumstances.

For instance, a physician has a variety of professional obligations to his patients stemming from the law of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. When a driver breaches this duty of care and results in an accident, the driver is accountable for the injuries suffered by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of the duty of care, and then show that the defendant failed to comply with the standard in his actions. It is a question of fact that the jury has to decide if the defendant complied with the standard or not.

The plaintiff must also prove that the breach of duty of the defendant was the main cause of his or her injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light, but that wasn't what caused the accident on your bicycle. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle accidents, the plaintiff must establish an causal link between breach of the defendant and their injuries. If the plaintiff suffered neck injuries in a rear-end accident then his or her attorney will argue that the incident caused the injury. Other elements that are required to cause the collision, like being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's decision of the liability.

For psychological injuries However, the connection between a negligent act and the victim's afflictions may be more difficult to establish. The fact that the plaintiff suffered from a an uneasy childhood, a bad relationship with their parents, abused alcohol and drugs or previous unemployment may have some influence on the severity of the psychological problems he or suffers following an accident, but courts typically look at these factors as part of the circumstances from which the plaintiff's accident was triggered, not as a separate reason for the injuries.

If you have been in an accident that is serious to your vehicle, it is important to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors across a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

In motor vehicle litigation, a plaintiff can get both economic and non-economic damages. The first type of damages covers the costs of monetary value that can be easily added together and calculated into a total, for example, medical treatment, lost wages, repairs to property, or even a future financial loss, like the loss of earning capacity.

New York law also recognizes the right to recover non-economic damages, including pain and suffering and loss of enjoyment of life, which cannot be reduced to a monetary amount. However, these damages must be proven to exist with the help of extensive evidence, including deposition testimony of the plaintiff's close friends and family members medical records, other expert witness testimony.

In cases where there are multiple defendants, courts typically employ comparative fault rules to determine the amount of damages to be divided between them. The jury must determine how much fault each defendant had for the incident and then divide the total damages awarded by that percentage of blame. However, New York law 1602 disqualifies vehicle owners from the rule of comparative negligence in cases where injuries are caused by drivers of cars or trucks. The process of determining whether the presumption is permissive or not is complicated. Typically it is only a clear evidence that the owner refused permission for the driver to operate the vehicle can be sufficient to overturn the presumption.