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motor vehicle accident law firms Vehicle Litigation

When liability is contested in court, it becomes necessary to make a complaint. The Defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, if a jury finds that you were at fault for an accident the amount of damages you will be reduced according to your percentage of fault. This rule does not apply to owners of vehicles that are leased or rented to minors.

Duty of Care

In a case of negligence, the plaintiff has to prove that the defendant was bound by a duty of care towards them. This duty is owed by everyone, but those who operate vehicles owe an even higher duty to others in their field. This includes not causing accidents in motor vehicles.

Courtrooms assess an individual's actions to what a typical person would do under the same circumstances to determine reasonable standards of care. In the event of medical negligence experts are typically required. Experts who have a superior understanding of a specific area may also be held to an even higher standard of care than others in similar situations.

A person's breach of their duty of care could cause harm to a victim or their property. The victim is then required to prove that the defendant's breach of their duty caused the harm and damages they have suffered. Causation is an important part of any negligence claim. It requires proof of both the actual and proximate causes of the damages and injuries.

For instance, if a person runs a red stop sign then it's likely that they'll be hit by a vehicle. If their vehicle is damaged, they'll be responsible for the repairs. The cause of an accident could be a brick cut that develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved in order to secure compensation in a personal injury case. A breach of duty occurs when the actions of the at-fault party are insufficient to what an ordinary person would do in similar circumstances.

For instance, a physician has a variety of professional obligations to his patients, arising from laws of the state and licensing boards. Drivers have a duty to protect other motorists and pedestrians, as well as to follow traffic laws. Drivers who violate this obligation and causes an accident is accountable for the injuries sustained by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then show that the defendant did not comply with the standard in 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 of the defendant was the proximate cause of the injuries. It can be more difficult to prove this than a breach of duty. For example an individual defendant could have crossed a red line, but the action wasn't the proximate cause of the crash. Causation is often contested in case of a crash by the defendants.

Causation

In Motor vehicle accident Attorneys vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if a plaintiff sustained an injury to his neck in a rear-end collision and his or her lawyer might argue that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary vehicle, are not culpable, and won't affect the jury’s determination of the cause of the accident.

It can be difficult to establish a causal relationship between a negligent action and the psychological issues of the plaintiff. It may be that the plaintiff has had a difficult background, a strained relationship with their parents, or is a user of alcohol or drugs.

It is imperative to consult an experienced attorney in the event that you've been involved in a serious accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, and motor vehicle accident lawsuit vehicle accident cases. Our lawyers have established working relationships with independent physicians across a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff could be able to recover both economic and noneconomic damages. The first type of damages is any monetary costs that can be easily added to calculate an amount, like medical treatment or lost wages, property repairs, and even future financial losses like a diminished earning capacity.

New York law recognizes that non-economic damages like pain and suffering, and loss of enjoyment of life, cannot be reduced to cash. However the damages must be established to exist by a variety of evidence, including deposition testimony from the plaintiff's close friends and family members medical records, other expert witness testimony.

In cases where there are multiple defendants, courts typically employ comparative fault rules to determine the amount of total damages that must be divided between them. The jury will determine the percentage of blame each defendant is accountable for the accident, and divide the total damages awarded by the percentage. However, New York law 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries sustained by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use applies is not straightforward and usually only a clear showing that the owner specifically denied permission to operate the vehicle will be able to overcome it.