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Motor Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. The Defendant will then have the opportunity 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 according to your percentage of fault. This rule does not apply to owners of vehicles rented out or leased to minors.

Duty of Care

In a lawsuit for negligence, the plaintiff must prove that the defendant was obligated to exercise reasonable care. This duty is due to all, but those who drive a vehicle owe an even greater obligation to others in their field. This includes not causing accidents in motor 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 situations. This is why expert witnesses are often required when cases involve medical malpractice. Experts who are knowledgeable in a particular field can be held to the highest standards of care than other individuals in similar situations.

If a person violates their duty of care, it may cause injury to the victim or their property. The victim must demonstrate that the defendant's violation of their duty resulted in the injury and damages that they suffered. Causation is a crucial element of any negligence claim. It requires proof of both the proximate and real causes of the injuries and damages.

If someone runs an intersection, they are likely to be struck by another vehicle. If their car is damaged they'll be accountable for repairs. The reason for the accident could be a cut on bricks, which later turn into a serious infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proved to obtain compensation in a personal injury suit. 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.

A doctor, for instance is a professional with a range of professional obligations towards his patients. These professional obligations stem from laws of the state and licensing bodies. Motorists are required to show care to other motorists and pedestrians to drive safely and observe traffic laws. If a driver violates this duty of care and results in an accident, he is liable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable individuals" standard to demonstrate that there is a duty of prudence and then prove that the defendant did not meet this standard with 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 defendant's breach of duty was the primary cause for his or her injuries. It can be more difficult to prove this than a breach of duty. A defendant might have walked through a red light, but that's not what caused the bicycle accident. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle accident law firms (article source) vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. For instance, if the plaintiff sustained an injury to the neck as a result of a rear-end collision and their lawyer would argue that the collision caused the injury. Other elements that could have caused the collision, like being in a stationary car are not considered to be culpable and won't affect the jury’s determination of the degree of fault.

For psychological injuries However, the connection between negligence and the affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff has a troubles in his or her childhood, had a difficult relationship with his or her parents, abused alcohol and drugs or had previous unemployment may have some impact on the severity of the psychological issues he or suffers following a crash, but the courts typically view these elements as part of the background circumstances that caused the accident occurred, rather than as an independent cause of the injuries.

If you have been in a serious motor vehicle accident it is crucial to consult with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents commercial and business litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent physicians in a variety of specialties, as well as experts in computer simulations and reconstruction of accident.

Damages

The damages that plaintiffs can seek in motor vehicle litigation can include both economic and non-economic damages. The first type of damages covers any monetary costs that can easily be added to calculate a total, for example, medical treatment loss of wages, property repairs, and even future financial losses like diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment of living, cannot be reduced to financial value. The proof of these damages is with a large amount of 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 often use comparative fault rules to determine the amount of damages that must be divided between them. The jury must determine the degree of fault each defendant was at fault for the accident and then divide the total damages awarded by the percentage of the fault. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in the event of injuries suffered by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive usage applies is not straightforward, and Motor Vehicle accident law Firms typically only a clear evidence that the owner specifically refused permission to operate the vehicle will be able to overcome it.