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Motor Vehicle Litigation

A lawsuit is required 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, if a jury finds you to be at fault for an accident the amount of damages you 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 negligence lawsuit the plaintiff must show that the defendant owed them a duty to exercise reasonable care. This duty is owed to everyone, but people who operate a vehicle owe an even greater obligation to other drivers in their field. This includes ensuring that they don't cause accidents with motor vehicle accident Lawyers vehicles.

Courtrooms compare an individual's actions to what a typical person would do in the same conditions to determine reasonable standards of care. In the event of medical malpractice experts are typically required. People with superior knowledge in a certain field may be held to a greater standard of medical care.

A breach of a person's duty of care could cause harm to a victim or their property. The victim has to demonstrate that the defendant did not fulfill their duty of care and caused the injury or damage that they suffered. Causation is a key element of any negligence claim. It involves proving the proximate and real causes of the injury and damages.

If a driver is caught running a stop sign, they are likely to be hit by a car. If their vehicle is damaged, they'll be responsible for repairs. The cause of the crash could be a brick cut that develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proven to win compensation in a personal injury claim. A breach of duty occurs when the actions of the at-fault person fall short of what a normal person would do under similar circumstances.

A doctor, for instance, has a variety of professional obligations to his patients stemming from laws of the state and licensing boards. Drivers are required to care for other drivers as well as pedestrians, and to adhere to traffic laws. If a motorist violates this duty of care and results in an accident, the driver is liable for the injuries sustained by the victim.

A lawyer can use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then prove that the defendant failed to satisfy the standard through his actions. It is a question of fact for the jury to decide if the defendant was in compliance with the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the main cause of his or her injuries. It is more difficult to prove this than a breach of duty. For example it is possible that a defendant run a red light however, the act wasn't the main cause of the crash. In this way, causation is often contested by the defendants in cases of crash.

Causation

In motor vehicle cases the plaintiff must prove an causal link between defendant's breach and their injuries. If a plaintiff suffers neck injuries in a rear-end accident the attorney for the plaintiff would argue that the collision was the cause of the injury. Other elements that are required for the collision to occur, like being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's decision of liability.

It is possible to prove a causal link between a negligent action and the psychological issues of the plaintiff. It could be that the plaintiff has a turbulent background, a strained relationship with their parents, or has abused alcohol or drugs.

If you've been involved in a serious motor vehicle accident It is imperative to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have developed working relationships with independent physicians in different specialties, as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages that a plaintiff may recover in motor vehicle accident lawsuit vehicle litigation can include both economic and non-economic damages. The first category of damages is all monetary costs which can easily be added up and summed up into an overall amount, including medical expenses as well as lost wages, repairs to property, or even a future financial loss, like diminished earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment of living, cannot be reduced to cash. However the damages must be proved to exist using extensive evidence, such as deposition testimony from plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages to be split between them. This requires the jury to determine how much responsibility each defendant incurred in the incident and then divide the total damages award by that percentage of fault. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of those cars and trucks. The resulting analysis of whether the presumption of permissive usage applies is complicated, and typically only a convincing evidence that the owner specifically was not granted permission to operate the vehicle will overcome it.