Motor Vehicle Litigation

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

New York follows pure comparative fault rules, which means that if the jury finds you to be at fault for causing the crash the damages awarded to you will be reduced by your percentage of negligence. This rule does not apply to the owners of vehicles that are which are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant was bound by an obligation of care to them. This duty is owed to all people, however those who drive a vehicle owe an even greater duty to others in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the standard of care is determined by comparing an individual's conduct with what a normal person would do in the same situations. In the case of medical malpractice expert witnesses are typically required. Experts who are knowledgeable in a particular field can also be held to an even higher standard of care than others in similar situations.

A breach of a person's duty of care could cause harm to the victim or their property. The victim must prove that the defendant's breach of their duty resulted in the damage and injury they sustained. Causation is an essential element of any negligence claim. It involves proving the primary and secondary causes of the injuries and damages.

For example, if someone has a red light and is stopped, they'll be struck by a vehicle. If their car is damaged they will be responsible for repairs. But the reason for the crash might be a cut from bricks, which later turn into a potentially dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by an individual defendant. This must be proven in order to obtain compensation for a personal injury claim. A breach of duty occurs when the actions of a party who is at fault aren't in line with what a reasonable person would do in similar circumstances.

For example, a doctor has several professional obligations to his patients stemming from laws of the state and licensing boards. Drivers are required to protect other motorists and pedestrians, and to respect traffic laws. If a driver violates this obligation of care and creates an accident, he is responsible for the victim's injuries.

Lawyers can rely on the "reasonable person" standard to establish the existence of the duty of care, and then prove that the defendant failed to satisfy the standard through his actions. It is a question of fact that the jury has to decide if the defendant met the standard or not.

The plaintiff must also demonstrate that the breach by the defendant was the primary cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example an individual defendant could have crossed a red line, but his or her action was not the sole cause of your bike crash. In this way, causation is frequently disputed by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffers an injury to the neck in a rear-end accident, his or her attorney will argue that the incident was the cause of the injury. Other elements that are required in causing the collision such as being in a stationary vehicle, are not culpable and will not affect the jury's determination of liability.

It could be more difficult to establish a causal connection between a negligent act, and the psychological issues of the plaintiff. It could be because the plaintiff has a troubled past, has a difficult relationship with their parents, or has been a user of alcohol or drugs.

If you've been involved in an accident involving a motor vehicle that was serious It is imperative to consult an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in westland motor vehicle accident law firm vehicle accidents cases, business and commercial litigation, as well as personal injury cases. Our lawyers have established working relationships with independent doctors in different areas of expertise as well as experts in computer simulations and reconstruction of accidents.

Damages

The damages a plaintiff may recover in bowie motor vehicle accident attorney vehicle litigation include both economic and non-economic damages. The first type of damages includes all costs that are easily added together and then calculated into a total, such as medical expenses and lost wages, repairs to property, and even the possibility of future financial losses, such as loss of earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, and loss of enjoyment of life, cannot be reduced to money. The damages must be proven through extensive evidence such as 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 typically use the comparative fault rule to determine the amount of damages that should be divided between them. The jury will determine the percentage of blame each defendant is responsible for the incident and then divide the total amount of damages awarded by that percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of the vehicles. The resulting analysis of whether the presumption of permissiveness applies is not straightforward and usually only a clear proof that the owner was explicitly did not have permission to operate his car will overcome it.