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Motor Vehicle Litigation

When liability is contested in court, it becomes necessary to make a complaint. The Defendant will then have the chance 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, your damages award will be reduced by the percentage of negligence. There is a caveat 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 case of negligence, the plaintiff has to prove that the defendant was bound by the duty of care toward them. This duty is due to all people, however those who drive a vehicle owe an even greater obligation to others in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the quality of care is determined by comparing an individual's behavior against what a normal individual would do in similar situations. Expert witnesses are often required in cases of medical malpractice. Experts with a higher level of expertise of a specific area may be held to an higher standard of care than others in similar situations.

If a person violates their duty of care, it may cause damage to the victim as well as their property. The victim is then required to show that the defendant's infringement of their duty led to the damage and injury they suffered. The proof of causation is an essential aspect of any negligence case and requires investigating both the primary reason for the injury or damages as well as the proximate cause of the injury or damage.

If a person is stopped at an intersection and fails to obey the stop sign, they could be hit by a car. If their vehicle is damaged, they'll be required to pay for repairs. The reason for the crash might be a cut on a brick that later develops into a deadly infection.

Breach of Duty

A breach of duty by a defendant is the second factor of negligence that must be proven to win compensation in a personal injury case. 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.

A doctor, for instance, has several professional duties to his patients that are governed by the law of the state and licensing boards. Motorists owe a duty of care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. A driver who breaches this duty and causes an accident is accountable for the injuries of the victim.

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

The plaintiff must also demonstrate that the defendant's breach was the direct cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light but that's not what caused your bicycle accident. Because of this, causation is often contested by defendants in crash cases.

Causation

In motor vehicle accident lawyers vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. If the plaintiff suffered a neck injury in an accident with rear-end damage, his or her attorney will argue that the crash caused the injury. Other factors that are necessary to produce the collision, like being in a stationary vehicle, are not culpable and do not affect the jury's determination of the liability.

For psychological injuries However, the connection between a negligent act and an victim's afflictions may be more difficult to establish. It may be because the plaintiff has a troubled past, has a difficult relationship with their parents, or has used drugs or alcohol.

If you have been in an accident that is serious to your vehicle it is essential to consult with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians in a wide range of specialties and expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

In motor vehicle litigation, a person can seek both economic and noneconomic damages. The first category of damages comprises any financial costs that can be easily added up and calculated as an amount, like medical treatment loss of wages, property repairs, and even future financial losses, like a diminished earning capacity.

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

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine the proportion of damages award should be allocated between them. The jury will determine the proportion of fault each defendant is responsible for the incident, and divide the total damages awarded by that percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of these trucks and cars. The method of determining if the presumption of permissiveness is complicated. The majority of the time, only a clear demonstration that the owner did not grant permission for the driver to operate the vehicle can be able to overcome the presumption.