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Motor Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant is entitled to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you to be at fault for causing the accident the amount of damages awarded 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 hired or leased by minors.

Duty of Care

In a lawsuit for negligence the plaintiff must show that the defendant was obligated to act with reasonable care. This duty is due to all people, however those who drive a vehicle owe an even greater obligation to other drivers in their field. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms examine an individual's conduct with what a normal person would do in similar circumstances to establish what is a reasonable standard of care. In cases of medical malpractice, expert witnesses are usually required. Experts who have a superior understanding in a particular field may also be held to an even higher standard of care than other people in similar situations.

A breach of a person's duty of care can cause harm to the victim or their property. The victim must show that the defendant's infringement of their duty resulted in the harm and damages they sustained. Causation proof is a crucial part of any negligence case, and it involves investigating both the primary basis of the injury or damages, as well as the causal reason for the damage or injury.

If someone runs the stop sign it is likely that they will be hit by another vehicle. If their vehicle is damaged, they'll be accountable for repairs. The reason for the accident could be a cut from a brick that later develops into a deadly infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. The breach of duty must be proved in order to obtain compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault fall short of what reasonable people would do in similar circumstances.

A doctor, for instance, has a number of professional obligations to his patients. These professional obligations stem from the law of the state and licensing authorities. Drivers are obliged to care for other drivers as well as pedestrians, and to follow traffic laws. Any driver who fails to adhere to this duty and causes an accident is accountable for the injuries suffered by the victim.

A lawyer can rely on the "reasonable persons" standard to demonstrate that there is a duty to be cautious and then show that defendant did not comply with the standard in his actions. It is a question of fact that the jury has to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also demonstrate that the breach of duty by the defendant was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For instance the defendant could have crossed a red light, but his or her action wasn't the proximate reason for your bicycle crash. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. For instance, if a plaintiff suffered neck injuries as a result of an accident that involved rear-ends the lawyer might claim that the collision caused the injury. Other factors that are needed to produce the collision, like being in a stationary vehicle are not culpable and do not affect the jury's decision of the liability.

It is possible to establish a causal connection between a negligent act, and the plaintiff's psychological symptoms. It could be the case that the plaintiff has had a difficult past, has a difficult relationship with their parents, or has been a user of drugs or alcohol.

If you've been involved in a serious motor vehicle accident (please click the following website) It is imperative to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation and motor vehicle accident lawyers vehicle accident cases. Our lawyers have established working relationships with independent physicians in a variety of specialties as well as experts in computer simulations and reconstruction of accidents.

Damages

The damages a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first category of damages includes any monetary costs that are easily added to calculate the sum of medical expenses or lost wages, property repair and even future financial losses, like a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, including the suffering of others and the loss of enjoyment of life which cannot be reduced to a dollar amount. The proof of these damages is by a wide array of evidence, including depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine the proportion of damages awarded should be divided between them. This requires the jury to determine how much fault each defendant had for the accident and then divide the total damages award by the percentage of blame. New York law however, doesn't allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of these trucks and cars. The process to determine if the presumption is permissive or not is complicated. In general the only way to prove that the owner refused permission to the driver to operate the vehicle can overrule the presumption.