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motor vehicle accident lawsuit Vehicle Litigation

A lawsuit is required when liability is contested. The Defendant has the right to respond to the complaint.

New York follows pure comparative fault rules and, if the jury finds you to be the cause of the crash, your damages award will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant was bound by the duty of care toward them. This duty is due to everyone, but those who operate a vehicle owe an even higher duty to other drivers in their field. This includes not causing accidents in motor vehicles.

In courtrooms the standard of care is determined by comparing an individual's actions with what a normal person would do in similar situations. This is why expert witnesses are frequently required when cases involve medical malpractice. Experts who have a superior understanding in a particular field can also be held to an even higher standard of care than other individuals in similar situations.

If someone violates their duty of care, it may cause damage to the victim as well as their property. The victim must show that the defendant's infringement of their duty led to the injury and damages that they sustained. Proving causation is a critical part of any negligence case and requires taking into consideration both the real basis of the injury or damages as well as the reason for the damage or injury.

For instance, if someone is stopped at a red light, it's likely that they'll be hit by a car. If their vehicle is damaged, they will be responsible for the repairs. The real cause of the crash could be a fracture in the brick that leads to an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. This must be proved in order to receive compensation in a personal injury case. A breach of duty is when the actions of the at-fault person fall short of what an ordinary person would do under similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients based on laws of the state and licensing boards. Motorists are required to show care to other drivers and pedestrians on the road to drive safely and obey traffic laws. If a motorist violates this duty of care and creates an accident, he is liable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable people" standard to demonstrate that there is a duty to be cautious and then show that the defendant did not comply with this standard in his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also demonstrate that the defendant's breach was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant might have walked through a red light but that's not the cause of the bicycle accident. Because of this, the causation issue is often contested by the defendants in cases of crash.

Causation

In Motor Vehicle Accident Lawyers vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffered a neck injury in a rear-end accident and his or her attorney will argue that the incident was the cause of the injury. Other elements that could have caused the collision, such as being in a stationary car, are not culpable, and will not influence the jury’s determination of fault.

For psychological injuries, however, the link between a negligent act and an affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff has a a troubled childhood, poor relationship with their parents, abused alcohol and drugs, or suffered previous unemployment may have some bearing on the severity of the psychological issues he or suffers following an accident, however, the courts typically view these elements as part of the context from which the plaintiff's accident resulted rather than an independent cause of the injuries.

If you have been in an accident that is serious to your vehicle it is crucial to consult with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident, commercial and business litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent medical professionals in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle accident attorneys vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first category of damages covers any monetary costs that can easily be added to calculate a sum, such as medical expenses, lost wages, property repair and even future financial losses, like a diminished earning capacity.

New York law also recognizes the right to seek non-economic damages like pain and suffering and loss of enjoyment of life, which cannot be reduced to a monetary amount. However, these damages must be proved to exist with the help of extensive evidence, such as deposition testimony of the plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In cases where there are multiple defendants, courts typically apply the rules of comparative fault to determine the amount of damages to be divided between them. The jury will determine the percentage of blame each defendant is accountable for the accident and then divide the total damages awarded by the same percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries sustained by the drivers of cars or trucks. The resulting analysis of whether the presumption of permissiveness applies is complex and typically only a clear showing that the owner specifically was not granted permission to operate the vehicle will overcome it.