• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Motor Vehicle Litigation

If liability is contested and the liability is disputed, it is necessary to bring a lawsuit. The defendant has the option to respond to the complaint.

New York has a pure comparative negligence rule. This means that, should a jury find that you are responsible for an accident and you are found to be at fault, your damages will be reduced based on your percentage of blame. This rule does not apply to owners of vehicles rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant had an obligation of care to them. The majority of people owe this obligation to everyone else, but those who sit behind the steering wheel of a motor vehicle have an even higher duty to the people in their area of activity. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms assess an individual's actions to what a typical individual would do under similar circumstances to establish what is a reasonable standard of care. This is why expert witnesses are frequently required in cases involving medical malpractice. People with superior knowledge in specific fields could be held to a greater standard of care.

A person's breach of their duty of care may cause injury to a victim or their property. The victim then has to prove that the defendant breached their duty of care and caused the injury or damage they sustained. Causation is an important part of any negligence claim. It requires proving both the primary and secondary causes of the damages and injuries.

For example, if someone runs a red stop sign then it's likely that they'll be hit by another car. If their car is damaged, they'll need to pay for repairs. But the reason for the crash might be a cut in bricks, which later turn into a dangerous infection.

Breach of Duty

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

For instance, a physician has several professional duties to his patients that are governed by laws of the state and licensing boards. Motorists are required to show care to other drivers and pedestrians on the road to drive safely and obey traffic laws. A driver who breaches this obligation and creates an accident is accountable for the victim's injuries.

Lawyers can use the "reasonable people" standard to show that there is a duty of care and then prove that the defendant failed to meet this standard in his actions. It is a question of fact that the jury has to decide if the defendant was in compliance with the standard or not.

The plaintiff must also establish that the breach of duty by the defendant was the main cause of the injuries. It is more difficult to prove this than a breach of duty. For example, a defendant may have crossed a red line, but it's likely that his or her actions wasn't the proximate cause of your bike crash. The issue of causation is often challenged in crash cases by defendants.

Causation

In Motor Vehicle accident attorney vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffered neck injuries in a rear-end collision the attorney for the plaintiff will argue that the crash was the cause of the injury. Other factors necessary to cause the collision, like being in a stationary vehicle are not considered to be culpable and will not affect the jury’s determination of the cause of the accident.

It is possible to establish a causal link between a negligent action and the plaintiff's psychological symptoms. It could be because the plaintiff has a troubled past, has a bad relationship with their parents, or has abused alcohol or drugs.

It is essential to speak with an experienced attorney when you've been involved in a serious car accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident law firm vehicle accidents commercial and business litigation, as well as personal injury cases. Our lawyers have built working relationships with independent doctors in many areas of expertise as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages a plaintiff can recover in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages is any monetary costs that can be easily added to calculate a total, for example, medical treatment and lost wages, property repairs, and even future financial losses, like a decrease in earning capacity.

New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment, cannot be reduced to money. However these damages must be proven to exist by a variety of evidence, including deposition testimony from plaintiff's close family members and friends medical records, deposition testimony, and other expert witness testimony.

In the event of multiple defendants, courts typically employ comparative fault rules to determine the amount of damages that must be divided between them. This requires the jury to determine how much fault each defendant was responsible for the accident and to then divide the total damages award by the percentage of blame. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of these trucks and cars. The process of determining whether the presumption is permissive is complex. Typically the only way to prove that the owner denied permission to the driver to operate the vehicle can be able to overcome the presumption.