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Motor 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, which means that in the event that a jury finds you to be at fault for causing a crash the amount of damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant had the 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 don't cause motor vehicle accidents.

In courtrooms, the standard of care is established by comparing an individual's behavior against what a normal individual would do in similar conditions. In the event of medical malpractice, expert witnesses are usually required. People with superior knowledge in a certain field may be held to a greater standard of medical care.

When someone breaches their duty of care, they could cause damage to the victim as well as their property. The victim must then establish that the defendant's breach of duty caused the harm and damages they sustained. Causation is an essential element of any negligence claim. It requires proof of both the actual and proximate causes of the damage and injury.

For instance, if someone runs a red light there is a good chance that they'll be struck by another car. If their vehicle is damaged, they'll be accountable for the repairs. But the actual cause of the crash could be a cut on bricks that later develop into a deadly infection.

Breach of Duty

The second element of negligence is the breach of duty committed by a defendant. This must be proven for compensation for motor vehicle accidents personal injury claims. A breach of duty happens when the actions of the person at fault are not in line with what reasonable people would do in similar circumstances.

A doctor, for instance has many professional duties towards his patients. These obligations stem from the law of the state and licensing bodies. Motorists owe a duty care to other drivers and pedestrians to drive safely and obey traffic laws. If a driver violates this duty of care and results in an accident, the driver is accountable for the injury suffered by the victim.

A lawyer can use "reasonable persons" standard to demonstrate that there is a duty of caution and then show that the defendant did not adhere to this standard with his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also prove that the breach of duty by the defendant was the sole 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 the cause of your bicycle accident. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and his or her injuries. If a plaintiff suffered neck injuries as a result of a rear-end accident and his or her attorney will argue that the crash was the cause of 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 liability.

It could be more difficult to prove a causal link between a negligent action and the plaintiff's psychological problems. The fact that the plaintiff has a a troubled childhood, poor relationship with their parents, used alcohol and drugs, or suffered prior unemployment could have a impact on the severity of the psychological problems he or she suffers after an accident, but courts typically view these elements as part of the context that led to the accident from which the plaintiff's injury occurred, rather than as an independent cause of the injuries.

It is important to consult an experienced attorney if you have been involved in a serious motor vehicle accident attorneys accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident cases, business and commercial litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent doctors in different areas of expertise as well as experts in computer simulations and reconstruction of accidents.

Damages

In motor vehicle litigation, a person can get both economic and non-economic damages. The first category of damages covers any monetary costs that can be easily added to calculate the sum of medical expenses or lost wages, property repairs, and even future financial losses, such as diminished earning capacity.

New York law recognizes that non-economic damages like pain and suffering, and loss of enjoyment of living, cannot be reduced to financial value. However the 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, other expert witness testimony.

In cases where there are multiple defendants, courts typically use the comparative fault rule to determine the amount of total damages that should be divided between them. The jury must determine the amount of fault each defendant was at fault for the accident and then divide the total amount of damages by that percentage of fault. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of those cars and trucks. The subsequent analysis of whether the presumption of permissiveness applies is complicated and typically only a clear showing that the owner has explicitly was not granted permission to operate the car will overcome it.