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Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant has the right to respond to the Complaint.

New York follows pure comparative fault rules, which means that should a jury find you to be the cause of a crash the damages awarded will be reduced by the percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant had an obligation of care to them. This duty is owed by everyone, but those who operate a vehicle have an even higher duty to other drivers in their field. This includes ensuring that they don't cause motor vehicle accident lawsuits vehicle accidents.

Courtrooms evaluate an individual's behavior to what a typical individual would do under the same circumstances to determine what constitutes a reasonable standard of care. In the case of medical malpractice expert witnesses are typically required. Experts with a superior understanding of particular fields may be held to a greater standard of treatment.

A breach of a person's obligation of care can cause injury to a victim or their property. The victim must then show that the defendant's infringement of their duty resulted in the harm and damages they have suffered. The proof of causation is an essential aspect of any negligence claim and requires considering both the actual cause of the injury or damages and the proximate cause of the injury or damage.

For example, if someone has a red light and is stopped, they will be hit by another car. If their vehicle is damaged, they'll be responsible for the repairs. The actual cause of the crash could be a brick cut that develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. This must be proven in order to receive compensation for a personal injury claim. A breach of duty happens when the actions of a party who is at fault fall short of what an average person would do in similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients based on the law of the state and licensing boards. Drivers are obliged to take care of other drivers and pedestrians, and adhere to traffic laws. If a driver violates this obligation and causes an accident is accountable for the injuries suffered by the victim.

A lawyer may use the "reasonable people" standard to establish that there is a duty of prudence and then show that defendant did not comply with this standard in his conduct. It is a question of fact that the jury has to decide if the defendant fulfilled the standard or not.

The plaintiff must also establish that the breach of duty of the defendant was the primary cause of his or her injuries. This can be more difficult to prove than the existence of a duty and breach. For example the defendant could have been a motorist who ran a red light, but his or her action was not the sole cause of your bicycle crash. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle accidents, the plaintiff must prove a causal link between the defendant's breach and their injuries. If a plaintiff suffers an injury to the neck in a rear-end collision the attorney for the plaintiff will argue that the crash was the cause of the injury. Other elements that are required in causing the collision like being in a stationary vehicle, are not culpable, and do not affect the jury's determination of liability.

It can be difficult to establish a causal connection between a negligent act and the psychological symptoms of the plaintiff. It may be because the plaintiff has a rocky past, a poor relationship with their parents, or is a user of alcohol or drugs.

If you've been involved in an accident involving a motor vehicle that was serious it is crucial to speak with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident attorneys vehicle accidents commercial and business litigation, as well as personal injury cases. Our lawyers have established working relationships with independent physicians in a variety of specialties as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

The damages a plaintiff may recover in a Motor vehicle accident Attorneys vehicle lawsuit include both economic and non-economic damages. The first type of damages includes any monetary costs that are easily added up and calculated as a sum, such as medical expenses loss of wages, property repairs, and even future financial losses, like diminished earning capacity.

New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment of living are not able to be reduced to monetary value. However these damages must be established to exist through extensive evidence, such as deposition testimony from the plaintiff's family members and close friends medical records, other expert witness testimony.

In the event of multiple defendants, courts will often use comparative fault rules to determine the amount of total damages to be divided between them. The jury must determine how much responsibility each defendant was responsible for the accident and to then divide the total amount of damages by the percentage of the fault. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these trucks and cars. The subsequent analysis of whether the presumption of permissive use is applicable is a bit nebulous and typically only a clear proof that the owner has explicitly was not granted permission to operate the vehicle will overcome it.