motor vehicle accident attorney Vehicle Litigation

When a claim for liability is litigated and the liability is disputed, it is necessary to make a complaint. The defendant then has the chance to respond to the complaint.

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

Duty of Care

In a case of negligence the plaintiff must show that the defendant owed the duty of care toward them. Nearly everyone owes this obligation to everyone else, but those who are behind the driving wheel of a motorized vehicle have a greater obligation to other people in their field of activity. This includes ensuring that they don't cause motor vehicle accidents.

Courtrooms evaluate an individual's behavior to what a typical individual would do under similar conditions to determine a reasonable standard of care. In cases of medical malpractice, expert witnesses are usually required. Experts with a higher level of expertise in a particular field can be held to an even higher standard of care than others in similar situations.

When a person breaches their duty of care, it could cause harm to the victim and/or their property. The victim must then prove that the defendant's breach of their duty caused the harm and damages they sustained. The proof of causation is an essential aspect of any negligence claim and requires considering both the actual causes of the injury damages as well as the reason for the injury or damage.

For example, if someone is stopped at a red light and Motor vehicle accidents is stopped, they'll be hit by another car. If their vehicle is damaged, they'll be responsible for the repairs. The reason for the crash could be a cut in bricks, which later turn into a dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved to obtain compensation in a personal injury suit. A breach of duty occurs when the actions of a party who is at fault aren't in line with what a reasonable person would do in similar circumstances.

A doctor, for instance has a variety of professional duties towards his patients. These obligations stem from state law and licensing bodies. Drivers have a duty to take care of other drivers and pedestrians, and respect traffic laws. If a driver violates this duty of care and creates an accident, he is responsible for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of the duty of care, and then demonstrate that the defendant failed to comply with the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also demonstrate that the defendant's negligence was the main cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example, a defendant may have been a motorist who ran a red light, but his or her action wasn't the main cause of your bicycle crash. In this way, the causation issue is often contested 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 the injuries. For example, if the plaintiff suffered an injury to his neck in a rear-end collision and their lawyer will argue that the collision was the cause of the injury. Other elements that could have caused the collision, such as being in a stationary car is not culpable and will not affect the jury's decision on fault.

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

It is important to consult an experienced lawyer should you be involved in a serious car accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have developed working relationships with independent medical professionals in a range of specialties including expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

The damages a plaintiff may recover in a motor vehicle accident law firms vehicle case include both economic and non-economic damages. The first category of damages covers any monetary costs that can be easily added to calculate the sum of medical expenses and lost wages, property repair, and even future financial losses, such as diminished earning capacity.

New York law also recognizes the right to seek non-economic damages such as pain and suffering as well as loss of enjoyment, which cannot be reduced to a dollar amount. However these damages must be proved to exist by a variety of evidence, such as deposition testimony from plaintiff's close family members and friends, medical records, and other expert witness testimony.

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine the proportion of damages award should be allocated between them. The jury must determine how much fault each defendant was responsible for the accident and then divide the total damages awarded by the percentage of fault. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of cars or trucks. The process to determine if the presumption is permissive or not is complicated. Most of the time, only a clear demonstration that the owner did not grant permission to the driver to operate the vehicle will be able to overcome the presumption.