Motor Vehicle Litigation

A lawsuit is necessary 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 responsible for an accident the damages awarded to you will be reduced by the percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a lawsuit for negligence the plaintiff has to prove that the defendant was obligated to act with reasonable care. Most people owe this duty to everyone else, however those who are behind the car have a higher obligation to other people in their field of operation. This includes ensuring that they do not cause car accidents.

Courtrooms assess an individual's actions to what a typical individual would do under similar circumstances to determine what constitutes a reasonable standard of care. This is why expert witnesses are often required in cases involving medical malpractice. Experts who have a greater understanding of particular fields may be held to a greater standard of treatment.

When a person breaches their duty of care, they could cause damage to the victim as well as their property. The victim then has to prove that the defendant breached their obligation and caused the damage or damages they suffered. Causation is a crucial element of any negligence claim. It involves proving both the primary and secondary causes of the damage and injury.

For instance, if a person runs a red stop sign there is a good chance that they'll be struck by a car. If their car is damaged, they'll have to pay for the repairs. The reason for the crash could be a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proven to win compensation in a personal injury lawsuit. A breach of duty is when the actions of the at-fault person do not match what a normal person would do in similar circumstances.

A doctor, for example has a variety of professional duties towards his patients, which stem from the law of the state and licensing bodies. Motorists owe a duty care to other drivers and pedestrians to drive safely and homezdna.com observe traffic laws. Drivers who violate this duty and causes an accident is accountable for the injuries sustained by the victim.

A lawyer may use the "reasonable individuals" standard to establish that there is a duty of caution and then demonstrate that defendant did not adhere to this standard in his actions. The jury will decide if the defendant met or did not meet the standards.

The plaintiff must also demonstrate that the breach by the defendant was the sole cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant could 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 accidents, the plaintiff must establish a causal link between the breach by the defendant and their injuries. If the plaintiff suffered a neck injury in an accident with rear-end damage then his or her attorney would argue that the collision was the reason for the injury. Other factors necessary to cause the collision, such as being in a stationary car, are not culpable, and will not affect the jury's decision to determine the degree of fault.

For psychological injuries However, the connection between a negligent act and an affected plaintiff's symptoms can be more difficult to establish. It may be because the plaintiff has had a difficult background, a strained relationship with their parents, Vimeo.Com or has been a user of drugs or alcohol.

If you've been involved in an accident involving a motor vehicle that was serious it is essential to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation, and woodbury motor vehicle accident lawsuit vehicle crash cases. Our lawyers have developed working relationships with independent physicians in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages plaintiffs can seek in motor vehicle litigation include both economic and non-economic damages. The first category of damages is any monetary costs that are easily added up and calculated as a sum, such as medical expenses loss of wages, property repair and even future financial losses, like a decrease in earning capacity.

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

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages award should be allocated between them. This requires the jury to determine the amount of fault each defendant was at fault for the accident and then divide the total damages award by the percentage of the fault. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries sustained by the drivers of trucks or cars. The resulting analysis of whether the presumption that permissive use applies is complex, and typically only a clear proof that the owner specifically denied permission to operate the vehicle will overcome it.