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Motor Vehicle Litigation

If the liability is challenged and the liability is disputed, it is necessary to file a lawsuit. The Defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, if a jury finds that you are responsible for an accident, your damages will be reduced based on your percentage of fault. This rule is not applicable to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant was bound by the duty of care toward them. Most people owe this duty to everyone else, but those who sit behind the steering wheel of a motor vehicle Accident attorneys vehicle have a greater obligation to the other drivers in their zone of activity. This includes not causing accidents in motor vehicles.

In courtrooms the standard of care is established by comparing the actions of an individual to what a normal person would do in similar situations. Expert witnesses are often required in cases involving medical negligence. Experts with a higher level of expertise in a particular field can be held to a higher standard of care than other people in similar situations.

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

If someone runs a stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their vehicle is damaged, they will be required to pay for repairs. The reason for a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. This must be proven for compensation for a personal injury claim. A breach of duty happens when the actions of the person at fault fall short of what a reasonable person would do in similar circumstances.

For instance, a doctor is a professional with a range of professional obligations to his patients. These professional obligations stem from the law of the state and licensing bodies. Drivers are obliged to protect other motorists as well as pedestrians, and to adhere to traffic laws. A driver who breaches this duty and results in an accident is responsible for the injuries sustained by the victim.

A lawyer can rely on the "reasonable persons" standard to prove that there is a duty of caution and then prove that the defendant did not meet this standard with his actions. It is a matter of fact for the jury to decide if the defendant met the standard or not.

The plaintiff must also establish that the breach of duty of the defendant was the main cause of the injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example the defendant could have been a motorist who ran a red light, however, the act was not the sole cause of the crash. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. If a plaintiff suffers neck injuries in a rear-end collision the attorney for the plaintiff will argue that the crash caused the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle, are not culpable, and will not impact the jury's decision on the degree of fault.

For psychological injuries However, the connection between a negligent act and an victim's afflictions may be more difficult to establish. The fact that the plaintiff has a an uneasy childhood, a bad relationship with his or her parents, used alcohol and drugs or had prior unemployment could have a influence on the severity of the psychological issues suffers following an accident, however, the courts typically consider these factors as part of the context that caused the accident was triggered, not as a separate reason for the injuries.

It is crucial to consult an experienced attorney in the event that you've been involved in a serious motor vehicle accident. 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 built working relationships with independent doctors in many specialties, as well expert witnesses in computer simulations and reconstruction of accidents.

Damages

In motor vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first type of damages covers any monetary costs that are easily added up and calculated as a sum, such as medical expenses, lost wages, property repair, and even future financial losses such as diminished earning capacity.

New York law also recognizes the right to seek non-economic damages like the suffering of others and the loss of enjoyment, which cannot be reduced to a monetary amount. The damages must be proven by a wide array of evidence, including depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the damages award should be allocated between them. This requires the jury to determine how much fault each defendant had for the incident and then divide the total damages award by that percentage of the fault. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are sustained by drivers of trucks or cars. The subsequent analysis of whether the presumption of permissiveness is applicable is a bit nebulous and typically only a clear evidence that the owner specifically denied permission to operate the car will be sufficient to overcome it.