motor vehicle accident law firm Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. The defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, when a jury finds you to be responsible for an accident and you are found to be at fault, your damages will be reduced based on your percentage of blame. This rule does not apply to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence suit the plaintiff must demonstrate that the defendant was obligated to act with reasonable care. This duty is owed to all people, however those who operate vehicles owe an even greater obligation to other people in their field. This includes ensuring that they don't cause motor vehicle accidents.

Courtrooms examine an individual's conduct to what a typical individual would do under the same circumstances to establish what is reasonable standards of care. In the case of medical malpractice, expert witnesses are usually required. Experts who have a greater understanding of specific fields could be held to a higher standard of medical care.

If someone violates their duty of care, it may cause harm to the victim and/or their property. The victim is then required to demonstrate that the defendant did not fulfill their obligation and caused the damage or damage they sustained. Proving causation is a critical aspect of any negligence claim which involves looking at both the actual cause of the injury or damages and the proximate reason for the damage or injury.

For instance, if a person has a red light there is a good chance that they'll be hit by another car. If their car is damaged they'll be accountable for repairs. The reason for the crash might be a cut on the brick, which then develops into a deadly infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proven to win compensation in a personal injury case. A breach of duty is when the actions of the person who is at fault do not match what a normal person would do under similar circumstances.

A doctor, for example is a professional with a range of professional obligations to his patients. These obligations stem from the law of the state and licensing authorities. Motorists have a duty of care to other motorists and pedestrians on the road to drive safely and obey traffic laws. When a driver breaches this duty of care and results in an accident, he is responsible for the victim's injuries.

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 failed to meet that standard in his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also prove that the breach of duty by the defendant was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. For example it is possible that a defendant crossed a red line, however, the act wasn't the proximate cause of your bicycle crash. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle Accident lawsuits vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. For instance, if the plaintiff sustained an injury to his neck in an accident that involved rear-ends, his or her lawyer might argue that the collision was the cause of the injury. Other elements that could have caused the collision, like being in a stationary car is not culpable and will not impact the jury’s determination of the degree of fault.

It is possible to prove a causal link between a negligent act and the psychological issues of the plaintiff. It could be because the plaintiff has had a difficult past, has a bad relationship with their parents, or has been a user of drugs or alcohol.

If you have been in an accident involving a motor vehicle that was serious, it is important to consult with an experienced attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent medical professionals with a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages that plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first type of damages is the costs of monetary value that can easily be summed up and calculated into a total, such as medical treatment or lost wages, repair to property, or even a future financial loss, such a diminished earning capacity.

New York law recognizes that non-economic damages such as pain and suffering, and loss of enjoyment are not able to be reduced to monetary value. However, these damages must be established to exist through extensive evidence, including deposition testimony of the plaintiff's close friends and family members medical records, as well as other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages awarded should be divided between them. The jury must decide the proportion of fault each defendant has for the accident and then divide the total amount of damages awarded by the percentage. New York law however, doesn't allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of those cars and trucks. The process of determining whether the presumption of permissiveness is complicated. Most of the time there is only a clear proof that the owner denied permission to the driver to operate the vehicle will overcome the presumption.