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Motor Vehicle Litigation

A lawsuit is necessary when the liability is being contested. 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 you to be at fault for an accident and you are found to be at fault, your damages will be reduced based on your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was bound by the duty of care towards them. This duty is owed to all, but those who operate a vehicle owe an even greater obligation to other drivers in their field. This includes not causing motor vehicle accidents.

In courtrooms, the standard of care is determined by comparing an individual's actions with what a normal person would do in similar situations. Expert witnesses are frequently required in cases of medical malpractice. Experts who have a greater understanding of the field could be held to a greater standard of care.

A breach of a person's obligation of care can cause injury to a victim or their property. The victim must then show that the defendant's infringement of duty caused the damage and injury they have suffered. Proving causation is an essential aspect of any negligence claim which involves considering both the actual cause of the injury or motor vehicle accidents damages, as well as the causal reason for the injury or damage.

If someone is driving through an intersection, they are likely to be hit by another vehicle. If their car is damaged, they will have to pay for the repairs. The real cause of a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury claim. A breach of duty is when the actions taken by the person at fault do not match what a normal person would do in similar circumstances.

For instance, a doctor, has a number of professional duties towards his patients. These professional obligations stem from the law of the state and licensing authorities. Motorists owe a duty of care to other drivers and pedestrians to drive safely and observe traffic laws. Drivers who violate this obligation and creates an accident is accountable for the injuries sustained by the victim.

Lawyers can use the "reasonable individuals" standard to demonstrate that there is a duty of care and then show that the defendant did not adhere to the standard in his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also establish that the breach of duty of the defendant was the main cause of his or her 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 bicycle accident. Because of this, the causation issue is often contested by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. For instance, if the plaintiff sustained an injury to the neck as a result of a rear-end collision the lawyer will argue that the collision was the cause of the injury. Other factors that contributed to the collision, such as being in a stationary car is not culpable and will not influence the jury's decision on the cause of the accident.

For psychological injuries, however, the link between a negligent act and an injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff had a troubled childhood, poor relationship with his or her parents, used alcohol and drugs or previous unemployment may have some bearing on the severity of the psychological issues suffers from following an accident, however, the courts typically consider these factors as an element of the background conditions that caused the accident arose rather than an independent cause of the injuries.

If you've been involved in an accident that is serious to your vehicle It is imperative to speak with a seasoned attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation and motor vehicle accident law firm vehicle accident cases. Our lawyers have developed working relationships with independent medical professionals with a variety of specialties including expert witnesses in accident reconstruction and motor vehicle accidents computer simulations as well with private investigators.

Damages

In motor vehicle accident attorneys vehicle litigation, a person can recover both economic and noneconomic damages. The first type of damages encompasses the costs of monetary value that can easily be summed up and calculated as a total, for example, medical treatments and lost wages, repairs to property, and even future financial losses, such as a diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment of living can't be reduced to financial value. The proof of these damages is through extensive evidence like depositions from family members and friends of the plaintiff, medical records, or other expert witness testimony.

In the event of multiple defendants, courts will typically use the comparative fault rule to determine the amount of damages that should be divided between them. The jury must decide the percentage of fault each defendant is responsible for the accident and then divide the total amount of damages awarded by that 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 process of determining whether the presumption of permissiveness is complicated. The majority of the time there is only a clear proof that the owner was not able to grant permission for the driver to operate the vehicle will be able to overcome the presumption.