Motor Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, if a jury finds that you were at fault for an accident the amount of damages you will be reduced based on your percentage of blame. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence lawsuit the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. This duty is owed to everyone, but people who operate a vehicle owe an even greater obligation to other people in their field. This includes ensuring that they do not cause accidents in idaho motor Vehicle accident law firm vehicles.

In courtrooms, the standard of care is determined by comparing an individual's behavior with what a normal person would do in the same conditions. Expert witnesses are often required in cases of medical malpractice. 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 can cause harm to the victim and/or their property. The victim must then prove that the defendant's breach of their duty caused the damage and injury they sustained. Causation is a key element of any negligence claim. It involves proving the proximate and real causes of the damage and injury.

If someone runs the stop sign and fails to obey the stop sign, they could be hit by another vehicle. If their vehicle is damaged, they'll need to pay for repairs. But the reason for the crash could be a cut in a brick that later develops into a potentially dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. This must be proven in order to obtain compensation in a personal injury case. A breach of duty happens when the at-fault party's actions fall short of what a reasonable person would do in similar circumstances.

For instance, a physician has a variety of professional obligations to his patients that are governed by laws of the state and licensing boards. Drivers are required to protect other motorists and pedestrians, and obey traffic laws. If a driver violates this duty of care and creates an accident, he is accountable for the injuries suffered by the victim.

A lawyer may use the "reasonable persons" standard to prove that there is a duty of caution and then demonstrate that defendant failed to meet this standard with his actions. The jury will decide if the defendant met or did not meet the standards.

The plaintiff must also prove that the defendant's breach was the direct cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For instance, a defendant may have run a red light but his or her action was not the primary cause of your bicycle crash. Because of this, causation is often challenged by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. If a plaintiff suffered a neck injury in a rear-end collision then his or her attorney would argue that the accident caused the injury. Other elements that are required to produce the collision, such as being in a stationary vehicle, are not culpable and do not affect the jury's determination of liability.

For psychological injuries, however, the link between a negligent act and the affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff had an unhappy childhood, a poor relationship with their parents, used alcohol and drugs or had prior unemployment could have a bearing on the severity of the psychological problems he or suffers following an accident, however, the courts typically look at these factors as part of the background circumstances that caused the accident in which the plaintiff was triggered, not as a separate reason for the injuries.

If you've been involved 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 cases, business and commercial litigation, and motor vehicle accident cases. Our lawyers have established working relationships with independent doctors in different specialties as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

In tillamook motor vehicle accident lawyer vehicle litigation, a person can get both economic and non-economic damages. The first type of damages is any monetary costs that can be easily added up and calculated as a sum, such as medical expenses, lost wages, property repairs, and even future financial losses, like diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, including the suffering of others and the loss of enjoyment of life which cannot be reduced to a monetary amount. However the damages must be proven to exist with the help of extensive evidence, such as deposition testimony from plaintiff's close family members and friends, medical records, and other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages award should be allocated between them. The jury has to determine the percentage of fault each defendant has for the accident and then divide the total damages awarded by the same percentage. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of cars or trucks. The analysis to determine whether the presumption is permissive or not is complex. Typically there is only a clear proof that the owner refused permission for the driver to operate the vehicle will overcome the presumption.