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Motor Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant will then be given the chance to respond to the complaint.

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

Duty of Care

In a negligence case, the plaintiff must prove that the defendant had the duty of care toward them. Nearly everyone owes this obligation to everyone else, however those who take the steering wheel of a motor vehicle accident attorney vehicle have an even higher duty to other people in their field of activity. This includes ensuring that they do not cause accidents with motor vehicles.

Courtrooms assess an individual's actions to what a typical person would do in similar circumstances to establish what is reasonable standards of care. In cases of medical malpractice expert witnesses are typically required. People who have superior knowledge in a specific field could be held to a higher standard of care than other people in similar situations.

When someone breaches their duty of care, it could cause harm to the victim and/or their property. The victim has to show that the defendant's infringement of their duty resulted in the injury and damages that they sustained. Causation is a key element of any negligence claim. It requires proof of both the proximate and real causes of the damage and injury.

For instance, if a person has a red light, it's likely that they'll be struck by a car. If their vehicle is damaged, they'll be responsible for repairs. The actual cause of a crash could be caused by a fracture in the brick that leads to an infection.

Breach of Duty

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

A doctor, for instance has a variety of professional obligations towards his patients. These obligations stem from the law of the state and licensing authorities. Motorists owe a duty of care to other drivers and pedestrians to be safe and follow traffic laws. If a motorist violates this obligation of care and creates an accident, he is accountable for the injury suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then show that the defendant failed to meet the standard in his actions. It is a matter of fact for the jury to decide whether the defendant complied with the standard or not.

The plaintiff must also prove that the defendant's breach was the sole cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant could have run through a red light, however, that's not the reason for the accident on your bicycle. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. For instance, if the plaintiff suffered an injury to the neck as a result of a rear-end collision and his or her lawyer will argue that the accident caused the injury. Other factors that are needed in causing the collision such as being in a stationary car, are not culpable and do not affect the jury's determination of liability.

It could be more difficult to establish a causal link between a negligent action and the psychological issues of the plaintiff. It could be that the plaintiff has had a difficult past, has a difficult relationship with their parents, or has abused drugs or alcohol.

If you've been involved in an accident involving a motor vehicle that was serious it is essential to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident as well as business and commercial litigation, and personal injury cases. Our lawyers have formed working relationships with independent doctors in many specialties, as well as experts in computer simulations and reconstruction of accidents.

Damages

In motor vehicle accident Lawyers vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first type of damages covers any monetary expenses that can be easily added to calculate an amount, like medical treatment and lost wages, property repair, and even future financial losses like a decrease in 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, which cannot be reduced to a monetary amount. However these damages must be established to exist through extensive evidence, including deposition testimony from plaintiff's family members and close friends medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages to be divided between them. This requires the jury to determine how much fault each defendant was responsible for the incident and then divide the total damages awarded by the percentage of the fault. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of these trucks and cars. The subsequent analysis of whether the presumption of permissiveness applies is complicated, and typically only a clear proof that the owner has explicitly was not granted permission to operate the car will overcome it.