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motor vehicle accident law firm Vehicle Litigation

If the liability is challenged in court, it becomes necessary to file a lawsuit. The Defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that in the event that a jury determines you to be at fault for an accident the damages you incur will be reduced according to your percentage of blame. This rule is not applicable to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a negligence lawsuit the plaintiff must demonstrate that the defendant owed them a duty to exercise reasonable care. The majority of people owe this obligation to everyone else, however those who take the car have an even higher duty to the people in their area of operation. This includes not causing car accidents.

Courtrooms compare an individual's actions to what a typical person would do under similar conditions to determine an acceptable standard of care. In the case of medical malpractice expert witnesses are typically required. Experts who have a superior understanding of a specific area may also be held to an higher standard of care than others in similar situations.

When a person breaches their duty of care, it can cause damage to the victim as well as their property. The victim has to demonstrate that the defendant did not fulfill their obligation and caused the damage or damages they suffered. Proving causation is an essential aspect of any negligence claim which involves taking into consideration both the real cause of the injury or damages, as well as the causal reason for the damage or injury.

For instance, if a driver has a red light and is stopped, they'll be struck by another car. If their vehicle is damaged, they'll be responsible for the repairs. The cause of the crash could be a brick cut which develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that must be proved in order to secure compensation in a personal injury suit. A breach of duty is when the actions taken by the at-fault person are not in line with what a normal person would do in similar circumstances.

For example, a doctor has several professional obligations to his patients based on laws of the state and licensing boards. Drivers have a duty to care for other drivers as well as pedestrians, and Motor Vehicle Accident Law Firms to obey traffic laws. If a motorist violates this obligation of care and causes an accident, he is accountable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of the duty of care and then show that the defendant did not satisfy the standard through his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also demonstrate that the defendant's negligence was the main cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. For example, a defendant may have run a red light however, the act wasn't the main cause of your bicycle crash. For this reason, causation is frequently disputed by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and his or her injuries. If the plaintiff suffered a neck injury in an accident that involved rear-end collisions the attorney for the plaintiff will argue that the crash was the cause of the injury. Other elements that could have caused the collision, such as being in a stationary vehicle is not culpable and will not influence the jury’s determination of the fault.

It could be more difficult to establish a causal relationship between a negligent action and the plaintiff's psychological problems. It may be that the plaintiff has a rocky past, a poor relationship with their parents, or is a user of drugs or alcohol.

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

Damages

In motor motor vehicle accident law firms vehicle litigation, a plaintiff could get both economic and non-economic damages. The first category of damages includes any monetary costs that can easily be added up and calculated as a total, for example, 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, such as pain and suffering, and loss of enjoyment of life cannot be reduced to financial value. The damages must be proven 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 where there are multiple defendants, courts will typically employ comparative fault rules to determine the amount of total damages that must be divided between them. The jury must determine the degree of fault each defendant incurred in the accident, and then divide the total damages award by the percentage of blame. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of the vehicles. The resulting analysis of whether the presumption of permissive usage is applicable is a bit nebulous and typically only a clear showing that the owner specifically denied permission to operate the vehicle will be able to overcome it.