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Motor vehicle accident attorney Vehicle Litigation

If the liability is challenged and the liability is disputed, it is necessary to file a lawsuit. The Defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, when a jury finds you to be at fault for an accident and you are found to be at fault, your damages will be reduced according to your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are that are rented or leased to minors.

Duty of Care

In a negligence suit the plaintiff must show that the defendant was obligated to act with reasonable care. This duty is due to everyone, but those who operate vehicles owe an even greater duty to others in their field. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms evaluate an individual's behavior to what a typical individual would do in the same circumstances to establish what is reasonable standards of care. In the event of medical malpractice expert witnesses are typically required. Experts who have a greater understanding of particular fields may be held to a greater standard of treatment.

If someone violates their duty of care, it may cause damage to the victim as well as their property. The victim must prove that the defendant acted in breach of their duty and caused the injury or damages they sustained. Causation is an essential element of any negligence claim. It requires proving both the proximate and actual causes of the injuries and damages.

If a person is stopped at a stop sign it is likely that they will be hit by another vehicle. If their vehicle is damaged, they will be responsible for the repairs. The reason for the crash could be a cut from bricks, Motor vehicle accident attorney which later turn into a deadly infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. This must be proven for compensation in a personal injury case. A breach of duty occurs when the actions of the person who is at fault fall short of what an ordinary person would do under similar circumstances.

A doctor, for instance, has a variety of professional obligations to his patients based on the law of the state and licensing boards. Drivers are required to take care of other drivers and pedestrians, and follow traffic laws. If a driver fails to comply with this duty of care and results in an accident, the driver is responsible for the injuries sustained by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of the duty of care and then prove that the defendant did not satisfy the standard through his actions. It is a question of fact that the jury has to decide if the defendant complied with the standard or not.

The plaintiff must also establish that the breach of duty by the defendant was the main cause of his or her injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have run through a red light however, that's not the reason for the crash on your bicycle. This is why causation is often contested by the defendants in cases of crash.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and his or her injuries. If a plaintiff suffers a neck injury in a rear-end accident then his or her attorney 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 car are not considered to be culpable and will not impact the jury's determination of the fault.

It could be more difficult to establish a causal connection between a negligent action and the plaintiff's psychological symptoms. The fact that the plaintiff suffered from a troubles in his or her childhood, had a difficult relationship with his or her parents, experimented with drugs and alcohol or experienced previous unemployment may have some bearing on the severity of the psychological problems he or is suffering from following an accident, however, the courts typically look at these factors as part of the background circumstances that caused the accident arose rather than an independent cause of the injuries.

If you've been involved in a serious motor vehicle accident lawsuit vehicle accident, it is important to consult an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have built working relationships with independent physicians in different specialties, as well experts in computer simulations as well as reconstruction of accidents.

Damages

The damages that a plaintiff may recover in motor vehicle litigation can include both economic and non-economic damages. The first category of damages encompasses all costs that are easily added together and calculated as a total, for example, medical treatments, lost wages, repairs to property, and even future financial loss, such diminished earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of living can't be reduced to cash. These damages must be proved through extensive evidence like depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.

In the event of multiple defendants, courts typically employ comparative fault rules to determine the amount of damages that must be divided between them. The jury must decide the percentage of fault each defendant is accountable for the incident and then divide the total amount of damages awarded by that percentage. New York law however, does not allow this. 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries sustained by drivers of cars or trucks. The method of determining if the presumption is permissive is complicated. Most of the time there is only a clear proof that the owner was not able to grant permission for the driver to operate the vehicle will be able to overcome the presumption.