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motor vehicle accident lawyers Vehicle Litigation

If liability is contested and the liability is disputed, it is necessary to make a complaint. The Defendant will then have the chance to respond to the complaint.

New York follows pure comparative fault rules, which means that in the event that a jury finds you to be the cause of a crash, your damages award will be reduced by your percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence suit the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. This duty is due to all people, however those who operate vehicles owe an even greater obligation to other people in their field. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms examine an individual's conduct to what a typical person would do under similar circumstances to determine an acceptable standard of care. This is why expert witnesses are frequently required in cases involving medical negligence. People with superior knowledge in specific fields could be held to a greater standard of care.

A person's breach of their duty of care can cause harm to the victim or their property. The victim then has to prove that the defendant acted in breach of their duty of care and caused the injury or damage they sustained. Proving causation is an essential element in any negligence case and involves investigating both the primary causes of the injury damages as well as the proximate reason for the damage or injury.

For instance, if a driver is stopped at a red light, it's likely that they will be hit by a vehicle. If their vehicle is damaged, they'll have to pay for the repairs. The reason for a crash could be a brick cut which develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. It must be proven in order to receive compensation in a personal injury case. A breach of duty is when the actions taken by the person who is at fault do not match what an ordinary person would do under similar circumstances.

For instance, a doctor is required to perform a number of professional duties for his patients, arising from laws of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians to be safe and follow traffic laws. If a driver fails to comply with this obligation of care and creates an accident, he is accountable for the injuries sustained by the victim.

A lawyer may use the "reasonable individuals" standard to demonstrate that there is a duty of caution and then prove that the defendant did not adhere to this standard in his actions. It is a question of fact for the jury to decide whether the defendant complied with the standard or not.

The plaintiff must also demonstrate that the defendant's breach 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 crossed a red light, but the action wasn't the proximate cause of your bike crash. Because of this, the causation issue is often contested by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. For motor vehicle accidents instance, if the plaintiff suffered neck injuries as a result of a rear-end collision, his or her lawyer could argue that the collision was the cause of the injury. Other factors that are essential in causing the collision such as being in a stationary vehicle are not culpable and do not affect the jury's determination of liability.

For psychological injuries However, the connection between an act of negligence and an injured plaintiff's symptoms could be more difficult to establish. It may be that the plaintiff has a troubled background, a strained relationship with their parents, or has used alcohol or drugs.

It is imperative to consult an experienced lawyer if you have been involved in a serious motor accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation, and motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians in different specialties, as well experts in computer simulations and accident reconstruction.

Damages

The damages a plaintiff may recover in motor vehicle litigation include both economic and non-economic damages. The first category of damages includes all monetary costs which can easily be added up and calculated as a total, such as medical treatments or lost wages, repair to property, and even financial loss, such a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages such as suffering and pain, as well as loss of enjoyment, which cannot be reduced to a monetary amount. These damages must be established with a large amount of evidence, such as depositions of family members or friends of the plaintiff or medical records, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine the proportion of damages awarded should be split between them. The jury must decide the proportion of fault each defendant is accountable for the incident, and divide the total damages awarded by that percentage. New York law however, does not allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of these trucks and cars. The resulting analysis of whether the presumption of permissive use applies is not straightforward and typically only a convincing evidence that the owner specifically refused permission to operate the vehicle will be able to overcome it.