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Motor Vehicle Litigation

If the liability is challenged then it is necessary to bring a lawsuit. The Defendant will then have the opportunity to respond to the complaint.

New York follows pure comparative fault rules which means that if the jury finds you to be at fault for causing the accident the damages awarded to you will be reduced by the percentage of negligence. This rule is not applicable to the owners of vehicles that are which are rented out or leased to minors.

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant was bound by an obligation of care to them. Nearly everyone owes this obligation to everyone else, however individuals who get behind the car have a higher obligation to the people in their area of operation. This includes not causing motor vehicle accident attorney vehicle accidents.

In courtrooms the standard of care is established by comparing an individual's conduct with what a normal person would do in similar situations. This is why expert witnesses are frequently required in cases of medical malpractice. Experts with more experience in particular fields may be held to a higher standard of care.

A breach of a person's obligation of care can cause harm to a victim, or their property. The victim must prove that the defendant's breach of their duty resulted in the harm and damages they suffered. Causation is a crucial element of any negligence claim. It involves proving the primary and secondary causes of the injury and damages.

If a driver is caught running the stop sign and fails to obey the stop sign, they could be hit by another vehicle. If their vehicle is damaged, they'll be responsible for the repairs. The actual cause of a crash could be a brick cut that causes an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. This must be proved in order to obtain compensation in a personal injury case. A breach of duty happens when the actions of the person at fault do not match what a reasonable person would do in similar circumstances.

A doctor, for example has a variety of professional obligations to his patients. These professional obligations stem from laws of the state and licensing bodies. Drivers are obliged to care for other drivers as well as pedestrians, and to follow traffic laws. If a driver fails to comply with this obligation of care and causes an accident, he is accountable for the injuries sustained by the victim.

A lawyer may use the "reasonable people" standard to demonstrate that there is a duty to be cautious and then prove that the defendant did not adhere to this standard in his actions. It is a matter of fact for the jury to decide whether the defendant fulfilled the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the proximate cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For example an individual defendant could have crossed a red line, but the action was not the sole cause of your bicycle crash. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle accident lawyers [use Gigatree here] vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. If a plaintiff suffers neck injuries in an accident with rear-end damage then his or her attorney would argue that the accident caused the injury. Other elements that could have caused the collision, like being in a stationary car are not culpable and will not affect the jury’s determination of the cause of the accident.

It is possible to prove a causal link between a negligent act, and the psychological symptoms of the plaintiff. The fact that the plaintiff has a an unhappy childhood, a poor relationship with their parents, used drugs and alcohol or experienced prior unemployment could have a impact on the severity of the psychological issues he or suffers following an accident, but courts typically look at these factors as part of the context from which the plaintiff's accident arose rather than an independent cause of the injuries.

It is important to consult an experienced lawyer when you've been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent doctors with a variety of specialties including expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

The damages a plaintiff can recover in motor vehicle litigation can include both economic and non-economic damages. The first type of damages covers any monetary costs that can easily be added up and calculated as an amount, like medical expenses loss of wages, property repair, and even future financial losses like diminished earning capacity.

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

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine the proportion of damages awarded should be divided between them. The jury must decide the proportion of fault each defendant carries for the incident and then divide the total amount of damages awarded by the percentage. New York law however, doesn't allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these trucks and cars. The analysis to determine whether the presumption is permissive is complex. Most of the time there is only a clear proof that the owner refused permission for the driver to operate the vehicle will overcome the presumption.