motor vehicle accident lawyer Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. The defendant will then be given the chance to respond to the complaint.

New York follows pure comparative fault rules which means that if the jury finds that you are responsible for causing the crash the damages awarded will be reduced by your percentage of negligence. This rule is not applicable to the owners of vehicles that are which are rented out or leased to minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant had the duty of care toward them. This duty is owed to all, motor vehicle accident Law firm but those who operate a vehicle owe an even greater duty to others in their field. This includes ensuring that they do not cause car accidents.

In courtrooms, the quality of care is determined by comparing an individual's conduct with what a normal person would do under similar situations. In the event of medical malpractice experts are often required. Experts with a higher level of expertise in a particular field may also be held to an even higher standard of care than other people in similar situations.

When a person breaches their duty of care, they could cause injury to the victim or their property. The victim has to show that the defendant violated their obligation and caused the damage or damages they suffered. The proof of causation is an essential aspect of any negligence case and requires investigating both the primary causes of the injury damages and the proximate cause of the damage or injury.

For instance, if a driver has a red light, it's likely that they will be hit by a vehicle. If their vehicle is damaged, they will need to pay for repairs. However, the real cause of the crash could be a cut in bricks that later develop into a serious infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that must be proved to obtain compensation in a personal injury case. A breach of duty occurs when the actions of the party at fault are not in line with what an average person would do in similar circumstances.

A doctor, for example is a professional with a range of professional obligations towards his patients. These professional obligations stem from the law of the state and licensing bodies. Drivers are bound to protect other motorists as well as pedestrians, and to adhere to traffic laws. Any driver who fails to adhere to this duty and causes an accident is accountable for the victim's injuries.

A lawyer may use the "reasonable person" standard to establish the existence of a duty of care and then demonstrate that the defendant failed to meet that 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 defendant's breach was the direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. For example, a defendant may have crossed a red line, but the action was not the sole cause of your bike crash. The issue of causation is often challenged in case of a crash by the defendants.

Causation

In motor vehicle accident law firm vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. For example, if the plaintiff sustained a neck injury from a rear-end collision the lawyer could claim that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary vehicle are not considered to be culpable and will not impact the jury's decision on the fault.

It can be difficult to establish a causal relationship between a negligent act and the psychological issues of the plaintiff. The fact that the plaintiff had an uneasy childhood, a bad relationship with his or her parents, experimented with alcohol and drugs, or suffered previous unemployment may have some influence on the severity the psychological problems he or is suffering from following an accident, but courts typically consider these factors as part of the background circumstances that led to the accident from which the plaintiff's injury occurred, rather than as an independent reason for the injuries.

It is imperative to consult an experienced attorney if you have been involved in a serious car accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents as well as business and commercial litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent physicians in a variety of areas of expertise as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

In motor vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first type of damages covers any monetary costs that can be easily added to calculate a total, for example, medical treatment loss of wages, property repair and even future financial losses, like diminished earning capacity.

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

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine how much of the total damages awarded should be split between them. The jury must determine the amount of fault each defendant was at fault for the incident and then divide the total damages awarded by the percentage of blame. However, New York law 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries suffered by drivers of cars or trucks. The resulting analysis of whether the presumption of permissiveness applies is complex and typically only a clear evidence that the owner has explicitly was not granted permission to operate the vehicle will overcome it.