motor Vehicle accident attorneys Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The defendant has the option to respond to the complaint.

New York follows pure comparative fault rules, which means that when a jury finds that you are responsible for causing the accident, your damages award will be reduced by your percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors.

Duty of Care

In a negligence lawsuit, the plaintiff must prove that the defendant was obligated to act with reasonable care. This duty is owed by everyone, but those who drive a vehicle owe an even higher duty to other people in their field. This includes not causing car accidents.

Courtrooms evaluate an individual's behavior to what a typical person would do in similar conditions to determine a reasonable standard of care. This is why expert witnesses are frequently required in cases of medical malpractice. Experts who are knowledgeable of a specific area may be held to the highest standards of care than other individuals in similar situations.

When someone breaches their duty of care, it may cause damage to the victim as well as their property. The victim is then required to demonstrate that the defendant's violation of their duty caused the harm and damages they suffered. Proving causation is an essential element in any negligence case, and it involves looking at both the actual basis of the injury or damages as well as the cause of the injury or damage.

If someone is driving through the stop sign, they are likely to be hit by another vehicle. If their car is damaged, they'll need to pay for repairs. But the reason for the crash could be a cut in bricks, which later turn into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty by the defendant. It must be proven in order to obtain compensation in a personal injury case. A breach of duty is when the actions taken by the person at fault are not in line with what a normal person would do under similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients. These obligations stem from state law and licensing bodies. Drivers are bound to be considerate of other drivers and pedestrians, and to obey traffic laws. When a driver breaches this obligation of care and results in an accident, he is liable for the injuries suffered by the victim.

A lawyer can rely on the "reasonable individuals" standard to show that there is a duty of caution and then demonstrate that defendant did not comply with the standard in his actions. It is a matter of fact that the jury has to decide if the defendant met the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the primary cause for the injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For instance it is possible that a defendant run a red light however, the act wasn't the proximate reason for your bicycle crash. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle accident law firms vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. For instance, if the plaintiff suffered an injury to his neck in a rear-end collision and their lawyer might argue that the collision caused the injury. Other factors that are essential to cause the collision, like being in a stationary vehicle are not culpable and do not affect the jury's determination of liability.

It can be difficult to prove a causal link between a negligent act, and the plaintiff's psychological problems. It may be the case that the plaintiff has had a difficult past, has a difficult relationship with their parents, or has abused drugs or alcohol.

If you've been involved in an accident that is serious to your vehicle, it is important to consult an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation, as well as motor vehicle accident lawsuit vehicle accident cases. Our lawyers have formed relationships with independent physicians in a wide range of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well as with private investigators.

Damages

The damages that plaintiffs can claim in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages includes any monetary costs that can be easily added to calculate a sum, such as medical treatment or lost wages, property repair and even future financial losses, like a diminished earning capacity.

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

In cases where there are multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the damages awarded should be split between them. This requires the jury to determine how much fault each defendant incurred in the accident, and then divide the total damages award by that percentage of blame. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of the vehicles. The process to determine if the presumption of permissiveness is complex. Most of the time, only a clear demonstration that the owner was not able to grant permission for the driver to operate the vehicle can be able to overcome the presumption.