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Motor Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant has the option 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 were at fault for an accident and you are found to be at fault, your damages will be reduced according to your percentage of blame. This rule is not applicable to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant was bound by a duty of care towards them. This duty is due to all, but those who operate vehicles owe an even greater duty to other drivers in their field. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms evaluate an individual's behavior to what a typical individual would do under the same circumstances to determine what constitutes an acceptable standard of care. This is why expert witnesses are frequently required when cases involve medical malpractice. People who have superior knowledge in a specific field could be held to an higher standard of care than other people in similar situations.

A breach of a person's duty of care could cause harm to a victim, or their property. The victim has to prove that the defendant's breach of their duty caused the damage and injury they have suffered. Causation is a key element of any negligence claim. It involves proving the proximate and real causes of the injury and damages.

For instance, if someone runs a red light then it's likely that they'll be hit by a car. If their vehicle is damaged, they will be required to pay for repairs. The cause of a crash could be caused by a brick cut that causes an infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury claim. A breach of duty occurs when the at-fault party's actions aren't in line with what an average person would do in similar circumstances.

A doctor, for instance has a variety of professional duties towards his patients that are derived from state law and licensing bodies. Motorists owe a duty of care to other motorists and pedestrians to be safe and follow traffic laws. If a motorist violates this duty of care and creates an accident, he is responsible for the victim's injuries.

A lawyer may use the "reasonable person" standard to establish the existence of a duty of care and then prove that the defendant failed to 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. A defendant may have run through a red light, however, that's not the reason for the crash on your bicycle. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and his or her injuries. If a plaintiff suffered a neck injury in an accident that involved rear-end collisions the attorney for the plaintiff would argue that the accident was the reason for the injury. Other factors that are essential for the collision to occur, such as being in a stationary vehicle are not culpable and do not affect the jury's determination of the liability.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms may be more difficult to establish. It may be the case that the plaintiff has had a difficult background, a strained relationship with their parents, or has used drugs or alcohol.

If you have been in a serious motor vehicle accident attorney vehicle accident it is essential to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation and motor vehicle accident (escortexxx.ca noted) cases. Our lawyers have developed relationships with independent physicians across a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well with private investigators.

Damages

The damages a plaintiff can recover in a motor vehicle case include both economic and non-economic damages. The first type of damages includes all costs that can be easily added together and calculated into an overall amount, including 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, including pain and suffering and loss of enjoyment of life, which cannot be reduced to a monetary amount. However the damages must be proven to exist through extensive evidence, such as deposition testimony from the plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine the proportion of damages awarded should be split between them. This requires the jury to determine how much fault each defendant was responsible for the accident and to then divide the total amount of damages by that percentage of the fault. New York law however, does not allow this. 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive usage applies is not straightforward and usually only a clear showing that the owner explicitly did not have permission to operate his vehicle will overcome it.