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albany motor vehicle accident law firm Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant is entitled to respond to the complaint.

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

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant was bound by the duty of care toward them. The majority of people owe this obligation to everyone else, but those who take the driving wheel of a motorized vehicle have an even higher duty to the other drivers in their zone of activity. This includes ensuring that they do not cause car accidents.

Courtrooms evaluate an individual's behavior with what a normal person would do under similar conditions to determine an acceptable standard of care. This is why expert witnesses are frequently required in cases involving medical negligence. People with superior knowledge in a certain field may be held to a higher standard of treatment.

If someone violates their duty of care, it can cause harm to the victim and/or their property. The victim is then required to prove that the defendant acted in breach of their duty and caused the harm or damages they suffered. Proving causation is a critical aspect of any negligence case which involves taking into consideration both the real basis of the injury or damages and the proximate cause of the damage or injury.

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

Breach of Duty

The second element of negligence is the breach of duty by the defendant. This must be proved in order to obtain compensation for a personal injury claim. A breach of duty is when the actions taken by the person at fault are not in line with what an ordinary person would do under similar circumstances.

For instance, a physician has several professional duties to his patients that are governed by laws of the state and licensing boards. Drivers are obliged to protect other motorists and pedestrians, as well as to respect traffic laws. When a driver breaches this duty of care and causes an accident, he is accountable for the injury suffered by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of a duty of care and then show that the defendant failed to meet that standard in his actions. The jury will decide if the defendant met or did not meet the standards.

The plaintiff must also demonstrate that the breach by the defendant was the direct cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light but that's not the cause of the accident on your bicycle. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle cases, the plaintiff must prove a causal link between the defendant's breach and their injuries. For instance, if the plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends the lawyer will argue that the collision was the cause of the injury. Other elements that could have caused the collision, such as being in a stationary vehicle, are not culpable, and will not influence the jury’s determination of fault.

For psychological injuries However, the connection between negligence and the affected plaintiff's symptoms can be more difficult to establish. It could be because the plaintiff has a turbulent past, a poor relationship with their parents, or has used drugs or alcohol.

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

Damages

In airway heights Motor Vehicle Accident lawyer vehicle litigation, a plaintiff may get both economic and non-economic damages. The first category of damages is any monetary costs that can easily be added to calculate a sum, such as medical expenses or lost wages, property repairs, and even future financial losses, such as diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, including pain and suffering as well as loss of enjoyment, which cannot be reduced to a dollar amount. However, these damages must be proved to exist by a variety of evidence, such as deposition testimony of the plaintiff's close family members and friends medical records, deposition testimony, and other expert witness testimony.

In cases where there are multiple defendants, courts often use comparative fault rules to determine the amount of total damages to be divided between them. The jury must decide the amount of fault 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 exempts owners of vehicles from the comparative negligence rule in cases where injuries are caused by drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive usage applies is not straightforward, and typically only a convincing evidence that the owner explicitly was not granted permission to operate the vehicle will be able to overcome it.