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Motor Vehicle Litigation

When a claim for liability is litigated in court, motor vehicle litigation it becomes necessary to bring 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 should a jury find that you are responsible for an accident and you are found to be at fault, your damages will be reduced according to your percentage of fault. This rule is not applicable to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. Almost everybody owes this duty to everyone else, but those who sit behind the wheel of a motor vehicle lawsuit vehicle are obligated to the other drivers in their zone of activity. This includes ensuring that they do not cause accidents with motor vehicle claim vehicles.

Courtrooms evaluate an individual's behavior to what a typical person would do in similar circumstances to determine reasonable standards of care. This is why expert witnesses are frequently required when cases involve medical malpractice. Experts with a superior understanding of the field could be held to a greater standard of care.

A person's breach of their duty of care could cause harm to a victim or their property. The victim then has to prove that the defendant breached their obligation and caused the damage or damage they sustained. Causation is a crucial element of any negligence claim. It involves proving the actual and proximate causes of the injury and damages.

If a driver is caught running a stop sign it is likely that they will be hit by another vehicle. If their car is damaged, they will be responsible for the repairs. But the actual cause of the crash might be a cut or bricks, which later turn into a potentially dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. This must be proved in order to obtain compensation in a personal injury case. A breach of duty happens when the at-fault party's actions are not in line with what reasonable people would do in similar circumstances.

For example, a doctor has several professional obligations to his patients based on state law and licensing boards. Drivers are bound to protect other motorists as well as pedestrians, and to adhere to traffic laws. When a driver breaches this obligation of care and creates an accident, he is liable for the injuries suffered by the victim.

A lawyer may use the "reasonable people" standard to prove that there is a duty of care and then demonstrate that defendant failed to meet this standard in his actions. It is a question of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also prove that the breach of duty of the defendant was the main cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For instance the defendant could have crossed a red line, however, the act was not the sole cause of your bicycle crash. In this way, causation is often contested by defendants in crash cases.

Causation

In motor vehicle lawyers vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. For example, if the plaintiff sustained an injury to the neck as a result of a rear-end collision, his or her lawyer would argue that the accident caused the injury. Other elements that could have caused the collision, Motor Vehicle Litigation such as being in a stationary vehicle, are not culpable, and will not impact the jury's decision on the fault.

It may be harder to establish a causal link between an act of negligence and the plaintiff's psychological problems. It could be that the plaintiff has had a difficult past, has a bad relationship with their parents, or is a user of drugs or alcohol.

If you have been in a serious motor vehicle crash It is imperative to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents as well as business and commercial litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent doctors in different areas of expertise as well as experts in computer simulations as well as reconstruction of accidents.

Damages

The damages that a plaintiff can recover in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages covers all monetary costs which can be easily added together and calculated into an overall amount, including medical expenses and lost wages, repairs to property, and even future financial loss, such the loss of earning capacity.

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

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages to be divided between them. The jury must determine the degree of fault each defendant was responsible for the accident and to then divide the total amount of damages by the percentage of blame. New York law however, does not allow for this. 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries sustained by the drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use is applicable is a bit nebulous and usually only a clear proof that the owner explicitly did not have permission to operate his vehicle will be able to overcome it.