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motor vehicle accident attorney Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant has the right 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 a crash the damages awarded will be reduced by the percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a lawsuit for negligence the plaintiff must show that the defendant owed them a duty to exercise reasonable care. Most people owe this duty to everyone else, however those who are behind the car have a higher obligation to other people in their field of operation. This includes ensuring that they do not cause accidents in motor vehicle accident law firm vehicles.

In courtrooms, the standard of care is determined by comparing the actions of an individual with what a normal person would do in similar circumstances. Expert witnesses are frequently required in cases involving medical malpractice. People who have superior knowledge in a particular field can be held to an even higher standard of care than other individuals in similar situations.

If a person violates their duty of care, they could cause harm to the victim and/or their property. The victim is then required to demonstrate that the defendant did not fulfill their duty and caused the injury or damages they sustained. Causation is a key element of any negligence claim. It requires proving both the primary and secondary causes of the injuries and damages.

If someone is driving through the stop sign and fails to obey the stop sign, they could be hit by a car. If their car is damaged they'll be responsible for repairs. The reason for an accident could be a brick cut that develops into an infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that needs to be proved to obtain compensation in a personal injury case. A breach of duty is when the actions taken by the at-fault party do not match what an ordinary person would do under similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients stemming from state law and licensing boards. Motorists are required to show care to other motorists and pedestrians to drive safely and obey traffic laws. If a driver violates this duty and creates an accident is accountable for the injuries sustained by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of the duty of care and then show that the defendant did not meet the standard in his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also demonstrate that the breach by the defendant was the primary cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For instance it is possible that a defendant been a motorist who ran a red light, but it's likely that his or her actions was not the primary cause of the crash. Because of this, causation is often challenged by defendants in crash cases.

Causation

In motor vehicle accidents, the plaintiff must prove that there is a causal connection between the breach by the defendant and their injuries. If a plaintiff suffered neck injuries as a result of a rear-end collision, his or her attorney will argue that the incident was the cause of the injury. Other factors that are essential for the collision to occur, such as 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 the injured plaintiff's symptoms may be more difficult to establish. It could be because the plaintiff has a troubled background, a strained relationship with their parents, or is a user of alcohol or drugs.

It is crucial to consult an experienced attorney if you have been involved in a serious car accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents, commercial and business litigation, and personal injury cases. Our lawyers have developed working relationships with independent doctors in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

The damages that plaintiffs can seek in motor vehicle litigation include both economic and non-economic damages. The first category of damages is all monetary costs which are easily added together and then calculated into the total amount, which includes medical treatment or lost wages, repair to property, or even a future financial loss, for instance the loss of earning capacity.

New York law also recognizes the right to seek non-economic damages, including pain and suffering as well as loss of enjoyment of life which cannot be reduced to a monetary 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, depositions, or other expert witness testimony.

In cases that involve multiple defendants, Courts will often use comparative negligence rules to determine how much of the damages award should be allocated between them. The jury must determine how much responsibility each defendant was responsible for the accident and then divide the total damages award by that percentage of blame. New York law however, does not allow for this. 1602 does not exempt vehicle owners from the comparative negligence rule in cases where injuries are sustained by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use applies is complex and usually only a clear evidence that the owner specifically was not granted permission to operate the vehicle will overcome it.