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Motor Vehicle Litigation

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

New York follows pure comparative fault rules and, when a jury finds you responsible for a crash the amount of damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a lawsuit for negligence the plaintiff must show that the defendant owed them a duty to exercise reasonable care. This duty is due to everyone, but people 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.

In courtrooms, the standard of care is established by comparing an individual's behavior with what a typical person would do under similar circumstances. This is why expert witnesses are frequently required in cases involving medical malpractice. Experts who have a greater understanding of specific fields could be held to a higher standard of care.

If a person violates their duty of care, it can cause harm to the victim and/or their property. The victim is then required to establish that the defendant's breach of duty caused the injury and damages that they suffered. Causation is an important part of any negligence claim. It involves proving both the actual and proximate causes of the damage and injury.

For instance, if someone runs a red light then it's likely that they will be hit by another car. If their vehicle is damaged, they'll need to pay for repairs. The actual cause of an accident could be a brick cut that develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty by an individual defendant. It must be proven in order to be awarded compensation for personal injury claims. A breach of duty is when the actions taken by the person who is at fault do not match what a normal person would do in similar circumstances.

For example, a doctor has several professional obligations to his patients based on state law and licensing boards. Drivers are bound to protect other motorists as well as pedestrians, and to obey traffic laws. Drivers who violate this obligation and creates an accident is accountable for the victim's injuries.

A lawyer can rely on the "reasonable person" standard to prove the existence of the duty of care and then demonstrate that the defendant did not meet the standard in his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also prove that the breach of duty by the defendant was the proximate cause of the injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant may have run through a red light but that wasn't what caused your bicycle accident. For this reason, causation is often challenged by the defendants in cases of crash.

Causation

In Motor Vehicle Accident Attorneys vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. If a plaintiff suffered neck injuries in a rear-end accident, his or her attorney will argue that the incident was the cause of the injury. Other factors that are essential for the collision to occur, like being in a stationary vehicle, are not culpable, and do not affect the jury's determination of liability.

It may be harder to establish a causal relationship between a negligent action and the plaintiff's psychological symptoms. The fact that the plaintiff had troubles in his or her childhood, had a difficult relationship with his or her parents, was a user of drugs and alcohol or experienced previous unemployment may have some bearing on the severity of the psychological issues he or is suffering from following a crash, but the courts typically view these elements as part of the circumstances from which the plaintiff's accident was triggered, not as a separate reason for the injuries.

If you have been in a serious motor vehicle crash, it is important 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 accident cases. Our lawyers have developed working relationships with independent doctors in a variety of specialties, as well experts in computer simulations and reconstruction of accident.

Damages

The damages that plaintiffs can seek in motor vehicle accident attorneys vehicle litigation can include both economic and non-economic damages. The first type of damages covers all costs that are easily added together and summed up into the total amount, which includes medical treatments and lost wages, repairs to property, and even financial losses, such as the loss of earning capacity.

New York law also recognizes the right to recover non-economic damages, such as pain and suffering and loss of enjoyment, which cannot be reduced to a dollar amount. These damages must be established through extensive evidence like depositions from family members and friends of the plaintiff or medical records, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the total damages awarded should be split between them. This requires the jury to determine how much fault each defendant was at fault for the incident and then divide the total damages awarded by the percentage of the fault. New York law however, does not allow for this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these trucks and cars. The subsequent analysis of whether the presumption of permissive use applies is complex and usually only a clear showing that the owner was explicitly denied permission to operate the vehicle will be able to overcome it.