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Motor Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant is entitled to respond to the complaint.

New York follows pure comparative fault rules which means that if the jury finds you to be the cause of the accident the damages awarded will be reduced by the percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant had an obligation of care to them. The majority of people owe this obligation to everyone else, however those who take the wheel of a motor vehicle have an even higher duty to the other drivers in their zone of operation. This includes ensuring that they do not cause motor vehicle accidents.

In courtrooms the standards of care are determined by comparing the actions of an individual to what a normal person would do under similar situations. This is why expert witnesses are frequently required in cases involving medical negligence. Experts who have a superior understanding in a specific field could also be held to a higher standard of care than others in similar situations.

A person's breach of their duty of care can cause harm to a victim or their property. The victim is then required to demonstrate that the defendant did not fulfill their duty and caused the harm or damage that they suffered. Causation is an important part of any negligence claim. It involves proving both the proximate and real causes of the injuries and damages.

For instance, if a person runs a red stop sign then it's likely that they'll be struck by a vehicle. If their vehicle is damaged, they'll need to pay for repairs. However, the real cause of the accident could be a cut or the brick, which then develops into a serious infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. The breach of duty must be proved in order to obtain compensation for personal injury claims. A breach of duty is when the actions taken by the at-fault person do not match what an ordinary person would do under similar circumstances.

A doctor, for example, has a number of professional obligations towards his patients that are derived from the law of the state and licensing authorities. Motorists are required to show care to other motorists and pedestrians to drive safely and obey traffic laws. If a driver violates this duty of care and results in an accident, the driver is liable for the injuries suffered by the victim.

A lawyer can use "reasonable individuals" standard to prove that there is a duty of caution and then prove that the defendant failed to meet this standard with his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also prove that the breach of duty by the defendant was the main cause of the injuries. This can be more difficult to prove than the existence of a duty or breach. For example, a defendant may have crossed a red line, however, the act wasn't the proximate cause of your bicycle crash. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if a plaintiff sustained an injury to his neck in an accident that involved rear-ends and their lawyer could argue that the collision was the cause of the injury. Other factors that are essential to produce the collision, like being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's decision of liability.

It can be difficult to establish a causal link between an act of negligence and the plaintiff's psychological symptoms. It could be that the plaintiff has a rocky past, a poor relationship with their parents, or has abused alcohol or drugs.

If you have been in a serious lewisville motor vehicle accident lawyer vehicle accident it is essential to speak with a seasoned attorney. The attorneys 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 established working relationships with independent doctors in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages that a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first category of damages covers all costs that are easily added together and then calculated into a total, such as medical treatment and lost wages, repairs to property, and even future financial loss, like diminished earning capacity.

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

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine the proportion of damages award should be allocated between them. The jury will determine the percentage of blame each defendant is responsible for the incident and then divide the total amount of damages awarded by the same percentage. 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 resulting analysis of whether the presumption of permissive usage applies is not straightforward, and typically only a convincing evidence that the owner has explicitly did not have permission to operate his vehicle will be able to overcome it.