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Motor Vehicle Litigation

When a claim for liability is litigated, it becomes necessary to start a lawsuit. The defendant then has the chance to respond to the complaint.

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

Duty of Care

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

In courtrooms the standards of care are determined by comparing an individual's behavior with what a typical person would do under similar conditions. In the event of medical malpractice, expert witnesses are usually required. Experts with a higher level of expertise in a particular field may be held to an higher standard of care than other individuals in similar situations.

If a person violates their duty of care, it could cause harm to the victim and/or their property. The victim has to show that the defendant's infringement of their duty resulted in the injury and damages that they suffered. Causation is an essential element of any negligence claim. It involves proving both the actual and proximate causes of the injury and damages.

If someone runs an intersection, they are likely to be struck by another vehicle. If their vehicle is damaged, they'll be responsible for the repairs. The reason for the accident could be a cut or the brick, which then develops into a potentially dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed 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 of the at-fault party do not match what a normal person would do under similar circumstances.

A doctor, for instance has a variety of professional obligations towards his patients that are derived from the law of the state and licensing authorities. Drivers are obliged to protect other motorists and pedestrians, and adhere to traffic laws. A driver who breaches this obligation and results in an accident is responsible for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of the duty of care, and then demonstrate that the defendant failed to satisfy the standard through his actions. It is a question of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also prove that the breach of duty of the defendant was the proximate cause of his or her injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light, but that's not the cause of the crash on your bicycle. This is why causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle accident law firms vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. If a plaintiff suffered 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 factors that contributed to the collision, such as being in a stationary car are not considered to be culpable and won't affect the jury's determination of the fault.

For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It could be because the plaintiff has a rocky past, has a difficult relationship with their parents, or is a user of drugs or alcohol.

If you have been in an accident that is serious to your vehicle it is essential to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians in a variety of areas of expertise as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages a plaintiff can recover in a motor Vehicle accident attorney vehicle case include both economic and non-economic damages. The first type of damages covers any monetary expenses that can be easily added to calculate the sum of medical expenses or lost wages, property repair and even future financial losses, like a diminished earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment of life can't 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, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages awarded should be divided between them. The jury will determine the percentage of fault each defendant is accountable for the accident and then divide the total damages awarded by the percentage. However, New York law 1602 excludes vehicle owners from the comparative negligence rule in cases where injuries are sustained by the drivers of trucks or cars. The resulting analysis of whether the presumption that permissive use applies is complicated and usually only a clear evidence that the owner was explicitly refused permission to operate the car will be sufficient to overcome it.