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Motor Vehicle Litigation

If liability is contested in court, it becomes necessary to bring a lawsuit. The defendant will then have the chance to respond to the complaint.

New York follows pure comparative fault rules and, should a jury find you to be at fault for causing a crash, your damages award will be reduced by your percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a lawsuit for negligence the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. This duty is owed to all people, however those who operate a vehicle owe an even greater obligation to other drivers in their field. This includes ensuring that they don't cause sykesville motor vehicle accident lawyer vehicle accidents.

In courtrooms the quality of care is determined by comparing an individual's conduct to what a normal person would do under similar conditions. In the event of medical malpractice experts are often required. Experts with a superior lawyers understanding of a certain field may be held to a greater standard of care.

If a person violates their duty of care, it can cause harm to the victim and/or their property. The victim must demonstrate that the defendant's violation of their duty resulted in the injury and damages that they suffered. Proving causation is an essential element in any negligence case and requires taking into consideration both the real cause of the injury or damages and the proximate reason for the injury or damage.

For example, if someone is stopped at a red light, it's likely that they'll be struck by a car. If their vehicle is damaged, they'll be accountable for the repairs. But the reason for the crash might be a cut or bricks, which later turn into a deadly infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proved in order to secure compensation in a personal injury claim. A breach of duty happens when the actions of a party who is at fault fall short of what a reasonable person would do in similar circumstances.

For instance, a doctor has several professional duties to his patients stemming from the law of the state and licensing boards. Drivers have a duty to be considerate of other drivers and pedestrians, as well as to follow traffic laws. If a driver violates this obligation and causes an accident is responsible for the injuries of the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of the duty of care, and then demonstrate that the defendant failed to meet 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 by the defendant was the primary cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For instance the defendant could have crossed a red line, but the action wasn't the proximate cause of the crash. In this way, causation is often contested by the defendants in cases of crash.

Causation

In rutland motor vehicle accident lawsuit vehicle accidents, the plaintiff must prove an causal link between defendant's breach and their injuries. For example, if the plaintiff suffered an injury to his neck in an accident that involved rear-ends and his or her lawyer might argue that the collision caused the injury. Other factors that are necessary to cause 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.

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 has a troubles in his or her childhood, had a difficult relationship with their parents, experimented with drugs and alcohol or experienced prior unemployment could have a impact on the severity of the psychological problems he or is suffering from following an accident, but courts typically consider these factors as part of the background circumstances that caused the accident in which the plaintiff arose rather than an independent cause of the injuries.

If you've been involved 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 extensive experience in representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have formed relationships with independent physicians in a wide range of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well 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 is the costs of monetary value that are easily added together and calculated into the total amount, which includes medical treatment, lost wages, repairs to property, or even a future financial loss, such loss of earning capacity.

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

In cases where there are multiple defendants, courts will typically employ comparative fault rules to determine the amount of total damages that must be divided between them. This requires the jury to determine the degree of fault each defendant was responsible for the incident and then divide the total damages award by that percentage of fault. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of those cars and trucks. The subsequent analysis of whether the presumption of permissive use applies is not straightforward and typically only a clear proof that the owner explicitly denied permission to operate the car will be sufficient to overcome it.