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motor vehicle accident law firms Vehicle Litigation

If liability is contested then it is necessary to make a complaint. The defendant will then be given the chance to respond to the complaint.

New York follows pure comparative fault rules which means that should a jury find that you are responsible for causing the crash the amount of damages awarded will be reduced by your percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors.

Duty of Care

In a case of negligence, the plaintiff has to prove that the defendant had the duty of care toward them. The majority of people owe this obligation to everyone else, however those who are behind the wheel of a motor vehicle accident law firm vehicle are obligated to the other drivers in their zone of activity. This includes not causing motor vehicle accidents.

Courtrooms compare an individual's actions with what a normal person would do in similar circumstances to determine what constitutes an acceptable standard of care. In cases of medical malpractice experts are typically required. Experts who have a greater understanding of specific fields could be held to a higher standard of care.

A person's breach of their duty of care may cause harm to the victim or their property. The victim has to demonstrate that the defendant did not fulfill their duty and caused the harm or damages they sustained. Causation is an important part of any negligence claim. It requires proving both the primary and secondary causes of the damages and injuries.

For instance, if a driver has a red light there is a good chance that they'll be hit by another car. If their car is damaged they'll be accountable for repairs. But the reason for the crash might be a cut from bricks that later develop into a deadly infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by the defendant. It must be proven for compensation for a personal injury claim. A breach of duty is when the actions of the person at fault are not in line with what a normal person would do in similar circumstances.

A doctor, for instance has many professional obligations towards his patients, which stem from the law of the state and licensing bodies. Drivers have a duty to take care of other drivers as well as pedestrians, and to follow traffic laws. Drivers who violate this duty and causes an accident is accountable for the injuries of the victim.

Lawyers can use the "reasonable people" standard to establish that there is a duty of caution and then demonstrate that defendant did not adhere to the standard in his actions. The jury will decide if the defendant complied with or did not meet the standards.

The plaintiff must also demonstrate that the breach by the defendant was the sole cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For instance an individual defendant could have run a red light but it's likely that his or her actions wasn't the proximate cause of the crash. For this reason, the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle accidents, the plaintiff must prove that there is a causal connection between the breach of the defendant and the injuries. If a plaintiff suffered a neck injury in a rear-end accident, his or motor vehicle accidents her attorney would argue that the accident was the reason for the injury. Other factors that contributed to the collision, such as being in a stationary car is not culpable and will not influence the jury’s determination of the cause of the accident.

It is possible to establish a causal link between an act of negligence and the plaintiff's psychological problems. It could be the case that the plaintiff has a turbulent past, has a difficult relationship with their parents, or is a user of drugs or alcohol.

It is imperative to consult an experienced attorney should you be involved in a serious accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors across a variety of specialties and expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first category of damages is any monetary expenses that can be easily added up and calculated as a total, for example, medical expenses or lost wages, property repair and even future financial losses, like diminished earning capacity.

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

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of damages that should be divided between them. The jury must determine the amount of fault each defendant incurred in the accident and then divide the total damages awarded by the percentage of blame. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these trucks and cars. The subsequent analysis of whether the presumption of permissive use applies is complex, and typically only a clear showing that the owner was explicitly was not granted permission to operate the car will overcome it.