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motor vehicle accident law firms Vehicle Litigation

When liability is contested in court, it becomes necessary to file a lawsuit. The defendant is entitled to respond to the Complaint.

New York follows pure comparative fault rules, which means that should a jury find that you are responsible for causing an accident the damages awarded will be reduced by the percentage of negligence. 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 case, the plaintiff must prove that the defendant owed a duty of care towards them. This duty is due to everyone, but those who operate a vehicle owe an even greater duty to other drivers in their field. This includes ensuring that they do not cause accidents in motor vehicle accident attorney vehicles.

Courtrooms examine an individual's conduct to what a typical individual would do in the same circumstances to determine a reasonable standard of care. In cases of medical malpractice, expert witnesses are usually required. People who have superior knowledge in a specific field could be held to the highest standards of care than other individuals in similar situations.

When someone breaches their duty of care, they could cause harm to the victim and/or their property. The victim must prove that the defendant acted in breach of their obligation and caused the damage or damages they suffered. Causation is an essential element of any negligence claim. It requires proof of both the proximate and actual causes of the damages and injuries.

If someone is driving through a stop sign and fails to obey the stop sign, they could be hit by another vehicle. If their vehicle is damaged, they'll be responsible for the repairs. The reason for the accident could be a cut on bricks that later develop into a deadly infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. The breach of duty must be proved in order to be awarded compensation for a personal injury claim. A breach of duty occurs when the actions of the person at fault fall short of what a reasonable person would do in similar circumstances.

A doctor, for instance, has several professional obligations to his patients based on state law and licensing boards. Drivers have a duty to care for other drivers and pedestrians, and adhere to traffic laws. Any driver who fails to adhere to this obligation and results in an accident is responsible for the injuries of the victim.

Lawyers can use the "reasonable persons" standard to prove that there is a duty to be cautious and then show that the defendant failed to meet the standard in his actions. It is a matter of fact that the jury has to decide whether the defendant met the standard or not.

The plaintiff must also establish that the breach of duty by the defendant was the primary cause of his or her injuries. This can be more difficult to prove than the existence of a duty or breach. For instance the defendant could have crossed a red line, however, the act was not the primary reason for your bicycle crash. In this way, causation is frequently disputed by the defendants in cases of crash.

Causation

In Motor Vehicle Accident Lawsuits vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. For example, if the plaintiff sustained neck injuries as a result of a rear-end collision and his or her lawyer would argue that the collision was the cause of the injury. Other factors that are necessary for the collision to occur, such as being in a stationary car, are not culpable and do not affect the jury's determination of liability.

It could be more difficult to prove a causal link between a negligent act and the psychological issues of the plaintiff. It could be that the plaintiff has a turbulent past, has a bad relationship with their parents, or is a user of drugs or alcohol.

If you've been involved in a serious motor vehicle crash it is crucial to speak with an experienced attorney. The lawyers 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 across a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages plaintiffs can seek in a motor vehicle case include both economic and non-economic damages. The first type of damages includes all costs that can be easily added together and calculated into a total, such as medical expenses or lost wages, repair to property, and even the possibility of future 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 of life, which cannot be reduced to a dollar amount. These damages must be proved through extensive evidence such as depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine how much of the damages awarded should be split between them. The jury must determine the percentage of fault each defendant is responsible for the accident and then divide the total amount of damages awarded by the same percentage. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of trucks or cars. The analysis to determine whether the presumption is permissive is complex. The majority 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 can overcome the presumption.