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motor vehicle accidents Vehicle Litigation

If the liability is challenged then it is necessary to bring a lawsuit. 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 that you are responsible for an accident, your damages will be reduced based on your percentage of blame. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence suit the plaintiff must show that the defendant owed them a duty to act with reasonable care. Most people owe this duty to everyone else, but those who sit behind the wheel of a motor Vehicle accident Lawsuits vehicle are obligated to other people in their field of operation. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the standards of care are determined by comparing an individual's behavior against what a normal individual would do in similar situations. Expert witnesses are often required in cases of medical malpractice. Experts who have a superior understanding in a particular field may also be held to the highest standards of care than others in similar situations.

A breach of a person's duty of care can cause harm to a victim, or their property. The victim must show that the defendant violated their duty and caused the harm or damages they suffered. Causation proof is a crucial part of any negligence case and involves taking into consideration both the real basis 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 car is damaged they'll be accountable for repairs. The cause of a crash could be a brick cut that develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second factor of negligence that must be proved in order to secure compensation in a personal injury suit. A breach of duty is when the actions of the at-fault person fall short of what a normal person would do in similar circumstances.

A doctor, for example has many professional obligations to his patients. These professional obligations stem from the law of the state and licensing bodies. Drivers are bound to take care of other drivers and pedestrians, as well as to adhere to traffic laws. If a driver violates this obligation and causes an accident is responsible for the victim's injuries.

Lawyers can rely on the "reasonable person" standard to prove the existence of the duty of care, and then demonstrate that the defendant failed to satisfy the standard through his actions. It is a matter of fact for the jury to decide if the defendant was in compliance with the standard or not.

The plaintiff must also prove 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 the action wasn't the proximate cause of the crash. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle accident lawyer vehicle accidents, the plaintiff must establish a causal link between breach of the defendant and their injuries. For instance, if the plaintiff suffered an injury to his neck in an accident that involved rear-ends and his or her lawyer might argue that the accident caused the injury. Other factors that are necessary in causing the collision such as being in a stationary car, are not culpable, and do not affect the jury's decision of the liability.

For psychological injuries However, the connection between a negligent act and the victim's afflictions may be more difficult to establish. It could be that the plaintiff has a turbulent past, a poor relationship with their parents, or is a user of alcohol or drugs.

If you have been in a serious motor vehicle accident it is essential to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, as well as motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in many specialties, as well expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

The damages plaintiffs can seek in motor vehicle litigation include both economic and non-economic damages. The first category of damages comprises any financial costs that can be easily added up and calculated as an amount, like medical treatment or lost wages, property repairs, and even future financial losses, like a decrease in earning capacity.

New York law also recognizes the right to seek non-economic damages, including pain and suffering and loss of enjoyment of life which cannot be reduced to a monetary amount. The proof of these damages is by a wide array of evidence, including depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine the proportion of damages awarded should be split between them. The jury must decide the percentage of fault each defendant has for the incident and then divide the total damages awarded by the percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are sustained by the drivers of trucks or cars. The process of determining whether the presumption is permissive or not is complex. The majority 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.