Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant will then be given the chance to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds that you are responsible for causing a crash the damages awarded will be reduced by your percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are rented or leased by minors.

Duty of Care

In a negligence lawsuit the plaintiff must show that the defendant owed them a duty to exercise reasonable care. The majority of people owe this obligation to everyone else, but those who take the car are obligated to other people in their field of activity. This includes ensuring that they do not cause accidents in motor vehicle lawyer vehicles.

In courtrooms, the standard of care is determined by comparing an individual's conduct to what a normal person would do under similar circumstances. In the case of medical malpractice, expert witnesses are usually required. Experts who have a greater understanding of a certain field may be held to a greater standard of treatment.

When someone breaches their duty of care, it may cause injury to the victim or their property. The victim then has to demonstrate that the defendant did not fulfill their duty and caused the injury or damage they sustained. The proof of causation is an essential aspect of any negligence case and involves taking into consideration both the real cause of the injury or damages, as well as the causal reason for the damage or injury.

For example, if someone runs a red light, it's likely that they'll be hit by another car. If their vehicle is damaged, they'll be accountable for Motor Vehicle Litigation the repairs. But the reason for the crash might be a cut from the brick, which then develops into a potentially dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty by the defendant. The breach of duty must be proved for compensation for a personal injury claim. A breach of duty occurs when the actions of the at-fault party do not match what a normal person would do under similar circumstances.

A doctor, for instance is a professional with a range of professional duties towards his patients, which stem from state law and licensing bodies. Motorists are required to show care to other drivers and pedestrians on the road to be safe and follow traffic laws. If a driver violates this obligation and causes an accident is responsible for the injuries of the victim.

A lawyer can use the "reasonable person" standard to prove the existence of the duty of care and then show 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 fulfilled the standard or not.

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

Causation

In motor vehicle claim vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. For example, if the plaintiff sustained neck injuries as a result of a rear-end collision the lawyer could argue that the collision was the cause of the injury. Other factors that are needed to cause the collision, like being in a stationary vehicle are not culpable and do not affect the jury's determination of liability.

It may be harder to establish a causal link between an act of negligence and the psychological symptoms of the plaintiff. It could be the case that the plaintiff has had a difficult past, has a bad relationship with their parents, or has abused drugs or alcohol.

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

Damages

The damages a plaintiff may recover in motor vehicle attorneys vehicle litigation can include both economic and non-economic damages. The first type of damages is any monetary expenses that can be easily added to calculate an amount, like medical treatment or lost wages, property repairs, and even future financial losses, such as diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, and loss of enjoyment of life, cannot be reduced to cash. These damages must be established through extensive evidence such as 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 comparative fault rules to determine the amount of total damages to be split between them. The jury must decide the percentage of blame each defendant carries for the accident, and divide the total amount of damages awarded by the same percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of cars or trucks. The subsequent analysis of whether the presumption that permissive use applies is complicated and usually only a clear showing that the owner specifically did not have permission to operate his vehicle will overcome it.