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motor vehicle accident lawsuits Vehicle Litigation

If the liability is challenged and the liability is disputed, it is necessary to file a lawsuit. The defendant will then have the opportunity to respond to the complaint.

New York follows pure comparative fault rules and, if the jury finds that you are responsible for causing a crash the damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are that are rented or leased to minors.

Duty of Care

In a negligence lawsuit, the plaintiff must prove that the defendant was obligated to exercise reasonable care. This duty is due to everyone, but those who operate vehicles owe an even higher duty to other people in their field. This includes ensuring that they don't cause motor vehicle accidents.

In courtrooms the quality of care is determined by comparing an individual's behavior with what a typical person would do in similar circumstances. Expert witnesses are frequently required in cases involving medical malpractice. Experts who are knowledgeable in a particular field can be held to a higher standard of care than other individuals in similar situations.

If someone violates their duty of care, it can cause damage to the victim as well as their property. The victim has to show that the defendant's infringement of duty caused the harm and Motor vehicle accidents damages they suffered. Causation is an important part of any negligence claim. It involves proving both the actual and proximate causes of the damage and injury.

If someone runs an stop sign then they are more likely to be hit by another vehicle. If their vehicle is damaged, they will be responsible for the repairs. However, the real cause of the accident could be a cut in a brick that later develops into a potentially dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. It must be proven in order to obtain compensation for a personal injury claim. A breach of duty happens when the actions of the person at fault do not match what reasonable people would do in similar circumstances.

For instance, a physician has a variety of professional obligations to his patients, arising from laws of the state and licensing boards. Motorists owe a duty of care to other motorists and pedestrians on the road to drive safely and observe traffic laws. If a driver violates this duty of care and results in an accident, he is accountable for the injury suffered by the victim.

A lawyer can rely on the "reasonable people" standard to establish that there is a duty of care and then prove that the defendant did not comply with the 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 breach was the direct cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example an individual defendant could have crossed a red line, but the action wasn't the main cause of your bike crash. The issue of causation is often challenged in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. For instance, if the plaintiff suffered a neck injury from an accident that involved rear-ends and their lawyer might argue that the collision was the cause of the injury. Other elements that could have caused the collision, like being in a stationary vehicle is not culpable and won't affect the jury's determination of fault.

It is possible to establish a causal link between an act of negligence and the plaintiff's psychological symptoms. The fact that the plaintiff suffered from a troubles in his or her childhood, had a difficult relationship with their parents, used alcohol and drugs or had previous unemployment may have some influence on the severity the psychological issues she suffers after a crash, but the courts typically look at these factors as part of the context from which the plaintiff's accident resulted rather than an independent reason for the injuries.

If you have been in a serious motor vehicle accident lawyer vehicle crash it is essential to speak with a seasoned attorney. The attorneys 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 in various specialties, as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

The damages that plaintiffs can seek in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages encompasses all costs that can easily be added up and calculated into a total, such as medical treatments, lost wages, repairs to property, and even the possibility of future financial loss, for instance loss of earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment of living, cannot be reduced to money. The proof of these damages is through extensive evidence such as depositions of family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the rules of comparative negligence to determine the percentage of damages awarded should be divided between them. This requires the jury to determine how much responsibility each defendant was at fault for the accident and to then divide the total amount of damages by the percentage of fault. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of these vehicles and trucks. The subsequent analysis of whether the presumption of permissiveness applies is not straightforward, and typically only a clear showing that the owner explicitly denied permission to operate the car will be sufficient to overcome it.