motor vehicle attorney Vehicle Litigation

If liability is contested, it becomes necessary to bring a lawsuit. The defendant has the right to respond to the complaint.

New York follows pure comparative fault rules and, should a jury find you to be the cause of the crash the damages awarded to you will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence lawsuit the plaintiff must show that the defendant was obligated to exercise reasonable care. The majority of people owe this obligation to everyone else, however those who take the driving wheel of a motorized vehicle have a greater obligation to the people in their area of activity. This includes not causing accidents with motor vehicles.

In courtrooms, the quality of care is determined by comparing an individual's conduct against what a normal individual would do in similar situations. This is why expert witnesses are often required in cases involving medical negligence. People who have superior knowledge in a particular field can be held to an even higher standard of care than other individuals in similar situations.

A breach of a person's duty of care could cause harm to a victim, or their property. The victim is then required to show that the defendant violated their duty of care and caused the injury or damages they suffered. Causation is an important part of any negligence claim. It involves proving the proximate and real causes of the damages and injuries.

For example, if someone has a red light there is a good chance that they'll be hit by a vehicle. If their vehicle is damaged, they will be required to pay for repairs. The real cause of a crash could be a brick cut that causes an infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. It must be proven for compensation for a personal injury claim. A breach of duty occurs when the actions of the person at fault aren't in line with what reasonable people would do in similar circumstances.

A doctor, for example has many professional duties towards his patients, which stem from state law and motor vehicle Lawsuit licensing bodies. Motorists owe a duty care to other motorists and pedestrians on the road to drive safely and obey traffic laws. If a driver violates this duty of care and causes an accident, he is liable for the injuries suffered by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then demonstrate that the defendant did not comply with the standard in his actions. It is a question of fact that the jury has to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the main cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant could have driven through a red light, but that's not the cause of the bicycle accident. This is why causation is frequently disputed by the defendants in cases of crash.

Causation

In motor vehicle lawyer vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and his or her injuries. For instance, if a plaintiff sustained neck injuries as a result of a rear-end collision the lawyer could argue that the accident caused the injury. Other elements that are required to cause the collision, like being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's determination of liability.

For psychological injuries, however, the link between a negligent act and the affected plaintiff's symptoms can be more difficult to establish. It may be the case that the plaintiff has a rocky past, has a bad relationship with their parents, or has used alcohol or drugs.

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

Damages

The damages that a plaintiff can recover in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages covers all costs that can easily be added up and then calculated into a total, for example, medical treatment, lost wages, repairs to property, or even a future financial losses, such as the loss of earning capacity.

New York law also recognizes the right to recover non-economic damages like suffering and pain, as well as loss of enjoyment of life, which cannot be reduced to a monetary amount. However the damages must be proven to exist with the help of extensive evidence, such as deposition testimony from plaintiff's close family members and friends medical records, other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages awarded should be divided between them. The jury has to determine the proportion of fault each defendant is accountable for the accident, and divide the total amount of damages awarded by that percentage. However, New York law 1602 excludes vehicle owners from the comparative negligence rule in cases where injuries are suffered by drivers of trucks or cars. The analysis to determine whether the presumption of permissiveness is complex. The majority of the time, only a clear demonstration that the owner did not grant permission to the driver to operate the vehicle will be able to overcome the presumption.