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Motor Vehicle Litigation

When liability is contested and the liability is disputed, it is necessary to make a complaint. The Defendant will then have the chance to respond to the complaint.

New York has a pure comparative negligence rule. This means that in the event that a jury determines that you are responsible for an accident and you are found to be at fault, your damages will be reduced based on your percentage of fault. This rule is not applicable to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a negligence lawsuit, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. This duty is owed to all, but those who operate a vehicle owe an even greater obligation to other drivers in their field. This includes not causing accidents in motor Vimeo.com vehicles.

In courtrooms the standards of care are determined by comparing an individual's conduct against what a normal individual would do in the same conditions. Expert witnesses are frequently required in cases involving medical malpractice. Experts who are knowledgeable in a particular field can also be held to the highest standards of care than others in similar situations.

If a person violates their duty of care, it may cause injury to the victim or their property. The victim must then demonstrate that the defendant's violation of their duty led to the harm and damages they sustained. Causation is an important part of any negligence claim. It involves proving the proximate and actual causes of the damages and injuries.

For example, if someone runs a red stop sign there is a good chance that they'll be hit by another car. If their vehicle is damaged, they will be responsible for the repairs. The reason for the crash might be a cut or a brick that later develops into a potentially dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. It must be proven in order to be awarded compensation for a personal injury claim. A breach of duty occurs when the actions of the at-fault person are insufficient to what a normal person would do in similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients, arising from laws of the state and licensing boards. Drivers have a duty to be considerate of other drivers as well as pedestrians, and to follow traffic laws. Any driver who fails to adhere to this obligation and causes an accident is accountable for the injuries sustained by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of the duty of care and then prove that the defendant did not meet that standard in his actions. The jury will determine if the defendant met or did not meet the standards.

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. For example, a defendant may have been a motorist who ran a red light, however, the act wasn't the main cause of the crash. Because of this, causation is often challenged by the defendants in cases of crash.

Causation

In motor vehicle cases the plaintiff must prove a causal link between the breach by the defendant and their injuries. For instance, if the plaintiff sustained neck injuries as a result of an accident that involved rear-ends and his or her lawyer would argue that the accident caused the injury. Other elements that are required for the collision to occur, like being in a stationary vehicle are not culpable and will not affect the jury's decision of the liability.

For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff has a an unhappy childhood, a poor relationship with their parents, abused alcohol and drugs or had previous unemployment may have some impact on the severity of the psychological issues suffers from following an accident, but courts generally view these factors as an element of the background conditions that led to the accident from which the plaintiff's injury arose rather than an independent cause of the injuries.

If you have been in a serious motor vehicle accident, it is important to consult an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation and marengo motor vehicle accident lawsuit vehicle accident cases. Our lawyers have formed working relationships with independent doctors in a variety of specialties as well as experts in computer simulations as well as 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 comprises any financial expenses that can be easily added up and calculated as a total, for example, medical treatment and lost wages, property repair and even future financial losses like diminished earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment of living can't be reduced to monetary value. However the damages must be proved to exist through extensive evidence, such as deposition testimony from the plaintiff's close friends and family members medical records, other expert witness testimony.

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of total damages to be split between them. The jury must decide the amount of fault each defendant carries for the accident and then divide the total damages awarded by the same percentage. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of the vehicles. The process to determine if the presumption of permissiveness is complicated. In general the only way to prove that the owner denied permission for the driver to operate the vehicle will overrule the presumption.