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Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant has the option to respond to the complaint.

New York has a pure comparative negligence rule. This means that if a jury finds you to be responsible for an accident the damages you incur will be reduced based on your percentage of fault. This rule is not applicable to the owners of vehicles that are which are rented out or leased to minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant owed a duty of care towards them. This duty is owed to everyone, but people who operate a vehicle owe an even higher duty to others in their field. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms examine an individual's conduct to what a typical person would do under similar conditions to determine an acceptable standard of care. This is why expert witnesses are often required in cases of medical malpractice. Experts with more experience in particular fields may be held to a higher standard of treatment.

A person's breach of their duty of care could cause harm to a victim, or their property. The victim is then required to prove that the defendant acted in breach of their duty and caused the harm or damage they sustained. Causation is an important part of any negligence claim. It involves proving the actual and proximate causes of the damages and injuries.

If a person is stopped at a stop sign it is likely that they will be hit by another vehicle. If their vehicle is damaged, they will be responsible for the repairs. But the actual cause of the accident could be a cut or the brick, which then develops into a dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved in order to receive compensation in a personal injury suit. A breach of duty is when the actions taken by the person who is at fault fall short of what an ordinary person would do under similar circumstances.

For instance, a doctor is required to perform a number of professional duties for his patients based on state law and licensing boards. Drivers have a duty to protect other motorists and pedestrians, as well as to follow traffic laws. A driver who breaches this obligation and causes an accident is accountable for the victim's injuries.

A lawyer may use the "reasonable people" standard to prove that there is a duty of caution and then prove that the defendant did not meet the standard in his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also demonstrate 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 run a red light but the action wasn't the main cause of your bicycle crash. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle accident law firm vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. If the plaintiff sustained an injury to the neck in a rear-end collision, his or her attorney would argue that the collision caused the injury. Other factors that are essential to cause the collision, like being in a stationary vehicle, are not culpable and do not affect the jury's decision of the liability.

For psychological injuries, however, the link between a negligent act and an victim's afflictions may be more difficult to establish. It could be the case that the plaintiff has a turbulent background, a strained relationship with their parents, or has used alcohol or drugs.

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

Damages

The damages that a plaintiff can recover in a motor vehicle case include both economic and non-economic damages. The first category of damages includes the costs of monetary value that are easily added together and then calculated into a total, such as medical treatments, lost wages, repairs to property, and even financial loss, for instance diminished earning capacity.

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

In the event of multiple defendants, courts typically apply the rules of comparative fault to determine the amount of damages to be divided between them. The jury must determine how much fault each defendant incurred in the accident and to then divide the total damages awarded by the percentage of the fault. However, New York law 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are sustained by the drivers of trucks or cars. The resulting analysis of whether the presumption that permissive use applies is not straightforward and typically only a clear showing that the owner specifically was not granted permission to operate the vehicle will be able to overcome it.