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motor vehicle accident lawyers Vehicle Litigation

If liability is contested, it becomes necessary to file a lawsuit. The Defendant will then have the chance to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds that you are responsible for causing the accident the damages awarded will be reduced by your percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant had an obligation of care to them. Nearly everyone owes this obligation to everyone else, however individuals who get behind the driving wheel of a motorized vehicle have an even higher duty to the other drivers in their zone of activity. This includes not causing accidents in motor vehicles.

In courtrooms, the standard of care is established by comparing the actions of an individual with what a normal person would do under similar conditions. In the event of medical malpractice experts are typically required. Experts who have a greater understanding of a certain field may be held to a higher standard of medical care.

A breach of a person's duty of care can cause harm to a victim, or their property. The victim must establish that the defendant's breach of their duty caused the injury and damages that they have suffered. Causation is a crucial element of any negligence claim. It involves proving both the proximate and real causes of the damage and injury.

For instance, if a person runs a red stop sign and is stopped, they will be hit by another car. If their vehicle is damaged, they will be responsible for repairs. The actual cause of a crash could be a brick cut which develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. This must be proved in order to obtain compensation in a personal injury case. A breach of duty occurs when the actions of the at-fault person are not in line with what an ordinary person would do in similar circumstances.

A doctor, for instance is a professional with a range of professional obligations towards his patients, which stem from the law of the state and licensing authorities. Drivers are required to protect other motorists and pedestrians, as well as to respect traffic laws. If a driver violates this obligation and causes an accident is responsible for the victim's injuries.

A lawyer can use the "reasonable person" standard to prove the existence of the duty of care and then prove that the defendant did not meet the standard in his actions. It is a matter of fact for the jury to decide if the defendant was in compliance with the standard or not.

The plaintiff must also establish that the breach of duty of the defendant was the primary cause for his or her injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant could have run through a red light but that wasn't what caused your bicycle accident. For this reason, causation is often challenged by defendants in collision cases.

Causation

In motor Vehicle accident law Firm vehicle-related cases, the plaintiff must prove an causal link between breach by the defendant and their injuries. For instance, if a plaintiff sustained an injury to the neck as a result of an accident that involved rear-ends and his or her lawyer might argue that the accident caused the injury. Other elements that are required in causing the collision like being in a stationary vehicle are not culpable, and do not affect the jury's determination of the liability.

It could be more difficult to establish a causal connection between an act of negligence and the plaintiff's psychological symptoms. It could be because the plaintiff has a turbulent past, has a bad relationship with their parents, or has used alcohol or drugs.

It is important to consult an experienced lawyer when you've been involved in a serious motor accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have developed working relationships with independent physicians across a variety of specialties including expert witnesses in accident reconstruction and computer simulations, and motor vehicle accident Law firm with private investigators.

Damages

The damages that a plaintiff may recover in a motor vehicle case include both economic and non-economic damages. The first category of damages is any monetary expenses that can be easily added to calculate an amount, like medical expenses or lost wages, property repair, and even future financial losses such as diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment of living, cannot be reduced to financial value. However, these damages must be proven to exist with the help of extensive evidence, such as deposition testimony from plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages to be split between them. This requires the jury to determine the degree of fault each defendant was at fault for the incident and then divide the total damages awarded by the percentage of blame. New York law however, does not permit this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of cars or trucks. The analysis to determine whether the presumption is permissive is complex. The majority of the time the only way to prove that the owner was not able to grant permission to the driver to operate the vehicle will overcome the presumption.