motor Vehicle accident Law Firms Vehicle Litigation

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

New York has a pure comparative negligence rule. This means that, in the event that a jury determines you to be at fault for an accident and you are found to be at fault, your damages will be reduced based on your percentage of fault. This rule is not applicable to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a negligence suit the plaintiff must demonstrate 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 not causing accidents in motor vehicles.

In courtrooms, the standards of care are determined by comparing an individual's conduct to what a normal person would do under similar situations. This is why expert witnesses are frequently required when cases involve medical malpractice. People who have superior knowledge of a specific area may also be held to a higher standard of care than other people in similar situations.

A breach of a person's duty of care could cause harm to the victim or their property. The victim must then prove that the defendant's breach of their duty led to the damage and injury they have suffered. Causation is an important part of any negligence claim. It requires proving both the proximate and real causes of the damages and injuries.

If someone is driving through a stop sign and fails to obey the stop sign, they could be struck 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

A defendant's breach of duty is the second factor of negligence that must be proved in order to receive compensation in a personal injury claim. A breach of duty occurs when the actions of the person at fault are insufficient to what a normal person would do under similar circumstances.

For instance, a doctor has a variety of professional obligations towards his patients that are derived from the law of the state and licensing authorities. Motorists have a duty of care to other drivers and pedestrians on the road to be safe and follow traffic laws. Drivers who violate this obligation and creates an accident is accountable for the injuries of the victim.

A lawyer can rely on the "reasonable individuals" standard to establish that there is a duty of prudence and then prove that the defendant failed to meet this standard in his conduct. It is a matter of fact that the jury has to decide if the defendant met the standard or not.

The plaintiff must also establish that the breach of duty by the defendant was the primary cause for his or her injuries. This can be more difficult to prove than the existence of a duty and breach. For instance an individual defendant could have crossed a red light, but the action was not the sole cause of your bike crash. The issue of causation is often challenged in case of a crash by the defendants.

Causation

In motor vehicle accident lawyer vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. If a plaintiff suffered neck injuries as a result of a rear-end collision the attorney for the plaintiff will argue that the incident was the cause of the injury. Other elements that could have caused the collision, such as being in a stationary vehicle are not culpable and will not affect the jury's decision to determine fault.

It is possible to establish a causal connection between a negligent act, and the plaintiff's psychological problems. It may be the case that the plaintiff has had a difficult past, a poor relationship with their parents, or has been a user of drugs or alcohol.

If you have been in an accident that is serious to your vehicle It is imperative to consult an experienced attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation, and motor vehicle crash cases. Our lawyers have established relationships with independent physicians across a variety of specialties and expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

In motor vehicle accidents vehicle litigation, a plaintiff could recover both economic and noneconomic damages. The first category of damages covers all monetary costs which can be easily added together and calculated as the total amount, which includes medical treatment as well as lost wages, repairs to property, and even future financial losses, such as the loss of earning capacity.

New York law recognizes that non-economic damages, motor vehicle accident law Firms like pain and suffering, and loss of enjoyment of living can't be reduced to monetary value. The proof of these damages is through extensive evidence such as depositions from family members and friends of the plaintiff, medical records, or other expert witness testimony.

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of total damages to be split between them. This requires the jury to determine the degree of fault each defendant was at fault for the incident and then divide the total damages awarded by the percentage of fault. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in the event of injuries sustained by the drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive use applies is complicated and usually only a clear evidence that the owner specifically refused permission to operate the car will overcome it.