motor vehicle attorney Vehicle Litigation

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

New York follows pure comparative fault rules which means that when a jury finds you responsible for the crash the damages awarded will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles rented out or leased to minors.

Duty of Care

In a negligence lawsuit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. This duty is due to all, but those who drive a vehicle owe an even greater obligation to other people in their field. This includes ensuring that they don't cause car accidents.

Courtrooms examine an individual's conduct to what a typical person would do in similar circumstances to determine what constitutes a reasonable standard of care. In the event of medical negligence experts are typically required. Experts who have a superior understanding in a particular field can also be held to an higher standard of care than other people in similar situations.

If a person violates their duty of care, they could cause injury to the victim or their property. The victim has to demonstrate that the defendant's violation of their duty led to the injury and damages that they suffered. Causation is an important part of any negligence claim. It involves proving both the proximate and real causes of the injury and damages.

If a driver is caught running an intersection it is likely that they will be struck by another vehicle. If their car is damaged they'll be accountable for repairs. The real cause of a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. This must be proven in order to receive compensation for personal injury claims. A breach of duty occurs when the actions of the person at fault are insufficient to what a normal person would do in similar circumstances.

For instance, a doctor has several professional obligations to his patients that are governed by state law and licensing boards. Motorists owe a duty care to other motorists and pedestrians to be safe and follow traffic laws. If a driver fails to comply with this duty of care and creates an accident, he is responsible for the injuries sustained 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 did not meet that standard in his actions. It is a matter of fact for the jury to decide whether the defendant complied with the standard or not.

The plaintiff must also prove that the defendant's negligence was the sole cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant may have run through a red light but that wasn't what caused your bicycle accident. This is why the causation issue is often contested by defendants in collision cases.

Causation

In motor vehicle law vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. If a plaintiff suffered a neck injury in a rear-end accident the attorney for the plaintiff would argue that the accident was the reason for the injury. Other elements that are required for the collision to occur, like being in a stationary car, are not culpable and will not affect the jury's determination of the liability.

It can be difficult to prove a causal link between a negligent act and Motor Vehicle Lawsuit the psychological issues of the plaintiff. The fact that the plaintiff had an unhappy childhood, a poor relationship with his or her parents, abused alcohol and drugs, or suffered previous unemployment may have some influence on the severity of the psychological issues he or she suffers after an accident, however, the courts generally view these factors as part of the circumstances that led to the accident from which the plaintiff's injury arose rather than an independent cause of the injuries.

It is essential to speak with an experienced lawyer when you've been involved in a serious motor vehicle compensation vehicle accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle case vehicle accident cases, business and commercial litigation, as well as personal injury cases. Our lawyers have built working relationships with independent physicians in different specialties as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

The damages that a plaintiff can recover in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages includes all monetary costs which can easily be summed up and calculated as a total, for example, medical treatments or lost wages, repair to property, or even a future financial loss, such the loss of earning capacity.

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

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages awarded should be split between them. This requires the jury to determine the degree of fault each defendant had for the accident, and then divide the total damages award by the percentage of fault. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these trucks and cars. The subsequent analysis of whether the presumption of permissive usage applies is complicated and usually only a clear evidence that the owner explicitly was not granted permission to operate the car will overcome it.