• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Motor Vehicle Litigation

When a claim for liability is litigated and the liability is disputed, it is necessary to bring a lawsuit. The defendant then has the opportunity to respond to the complaint.

New York follows pure comparative fault rules, which means that in the event that a jury finds that you are responsible for causing the crash the damages awarded to you will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant was bound by the duty of care toward them. Nearly everyone owes this obligation to everyone else, but those who sit behind the driving wheel of a motorized vehicle are obligated to the people in their area of operation. This includes ensuring that they do not cause motor vehicle accidents.

In courtrooms, the standard of care is established by comparing an individual's conduct with what a typical person would do under similar circumstances. In the case of medical malpractice experts are typically required. Experts who are knowledgeable of a specific area may be held to the highest standards of care than others in similar situations.

When a person breaches their duty of care, they could cause damage to the victim as well as their property. The victim must then demonstrate that the defendant's violation of duty caused the injury and damages that they suffered. The proof of causation is an essential aspect of any negligence case and requires looking at both the actual cause of the injury or damages as well as the reason for the damage or injury.

For instance, if someone runs a red stop sign, it's likely that they'll be hit by a vehicle. If their vehicle is damaged, they'll be accountable for the repairs. But the reason for the crash could be a cut from a brick that later develops into a dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that must be proved to obtain compensation in a personal injury lawsuit. A breach of duty is when the actions taken by the at-fault party are insufficient to what a normal person would do under similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients stemming from state law and licensing boards. Motorists are required to show care to other drivers and pedestrians on the road to drive in a safe manner and adhere to traffic laws. Any driver who fails to adhere to this obligation and results in an accident is responsible for the injuries sustained by the victim.

A lawyer can rely on the "reasonable person" standard to establish the existence of the duty of care and then show that the defendant failed to meet the standard in his actions. It is a matter of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also demonstrate that the breach by the defendant was the direct cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and motor Vehicle accidents breach. A defendant could have driven through a red light, however, that's not the reason for the accident on your bicycle. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle accident vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffers a neck injury in an accident with rear-end damage and his or her attorney will argue that the crash caused the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle are not culpable and will not affect the jury's decision to determine the cause of the accident.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. It could be the case that the plaintiff has a troubled past, a poor 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 imperative to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation, and motor vehicle crash cases. Our lawyers have developed working relationships with independent doctors in a variety of specialties, as well expert witnesses in computer simulations and reconstruction of accident.

Damages

In motor vehicle litigation, a plaintiff may be able to recover both economic and noneconomic damages. The first category of damages includes all costs that can be easily added together and calculated into the total amount, which includes medical expenses or lost wages, repair to property, and even future financial losses, such as the loss of earning capacity.

New York law also recognizes the right to recover non-economic damages, including the suffering of others and the loss of enjoyment of life, which cannot be reduced to a monetary amount. These damages must be established with a large amount of evidence, such as depositions of family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts will typically employ comparative fault rules to determine the amount of damages to be divided between them. This requires the jury to determine the degree of fault each defendant had for the incident and then divide the total amount of damages by that percentage of the fault. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these trucks and cars. The resulting analysis of whether the presumption of permissive usage is applicable is a bit nebulous, and typically only a clear showing that the owner explicitly did not have permission to operate his car will be sufficient to overcome it.