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Motor Vehicle Litigation

When liability is contested in court, it becomes necessary to bring a lawsuit. The defendant then has the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, should a jury find 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 blame. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or motor Vehicle litigation leased by minors.

Duty of Care

In a case of negligence the plaintiff must prove that the defendant owed a duty of care towards them. This duty is due to everyone, but those who operate a vehicle have an even greater duty to other people in their field. This includes not causing motor vehicle claim vehicle accidents.

In courtrooms the standard of care is determined by comparing the actions of an individual against what a normal individual would do in the same situations. Expert witnesses are frequently required in cases involving medical malpractice. Experts who have a greater understanding of particular fields may be held to a greater standard of care.

If a person violates their duty of care, it could cause harm to the victim and/or their property. The victim then has to show that the defendant violated their duty of care and caused the injury or damages they sustained. Causation is an important part of any negligence claim. It involves proving the proximate and actual causes of the damage and injury.

For instance, if a driver runs a red light then it's likely that they will be hit by a vehicle. If their car is damaged they will be responsible for repairs. The cause of a crash could be caused by a brick cut that develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty by a defendant. This must be proven in order to obtain compensation for a personal injury claim. A breach of duty occurs when the actions of the at-fault party do not match what a normal person would do in similar circumstances.

A doctor, for example has many professional obligations to his patients. These professional obligations stem from the law of the state and licensing bodies. Motorists have a duty of care to other motorists and pedestrians on the road to drive in a safe manner and adhere to traffic laws. When a driver breaches this duty of care and creates an accident, he is responsible for the injury suffered by the victim.

Lawyers can use the "reasonable individuals" standard to establish that there is a duty of prudence and then prove that the defendant did not comply with this standard with his actions. The jury will decide if the defendant complied with or did not meet the standards.

The plaintiff must also establish that the breach of duty by the defendant was the proximate cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For instance, a defendant may have crossed a red line, however, the act wasn't the main reason for your bicycle crash. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. For example, if the plaintiff suffered a neck injury from a rear-end collision, his or her lawyer could argue that the collision was the cause of the injury. Other factors that are essential to produce the collision, like being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's determination of liability.

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

If you have been in an accident involving a motor vehicle attorney vehicle that was serious it is essential to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation, and motor vehicle attorneys vehicle accident cases. Our lawyers have developed working relationships with independent medical professionals with a variety of specialties and expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

The damages plaintiffs can claim in motor vehicle litigation include both economic and non-economic damages. The first category of damages is all financial costs that can easily be added up and calculated into an overall amount, including medical expenses as well as lost wages, repairs to property, and even the possibility of future financial loss, for instance diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, such as suffering and pain, as well as loss of enjoyment of life which cannot be reduced to a dollar amount. However the damages must be proved to exist through extensive evidence, such as deposition testimony from the plaintiff's close family members and friends, medical records, and other expert witness testimony.

In cases where there are multiple defendants, motor vehicle litigation courts will typically use the comparative fault rule to determine the amount of total damages that should be divided between them. The jury will determine the amount of fault each defendant carries for the incident, and divide the total amount of damages awarded by that percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of the vehicles. The analysis to determine whether the presumption is permissive is complicated. The majority of the time it is only a clear evidence that the owner denied permission to the driver to operate the vehicle can be able to overcome the presumption.