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motor vehicle law Vehicle Litigation

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

New York follows pure comparative fault rules, which means that should a jury find you to be the cause of the accident the damages awarded to you will be reduced by your percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a negligence suit, 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 take the steering wheel of a motor vehicle settlement vehicle have an even higher duty to the other drivers in their zone of operation. This includes ensuring that they don't cause accidents with motor vehicles.

Courtrooms assess an individual's actions with what a normal person would do under the same circumstances to determine reasonable standards of care. In the event of medical negligence expert witnesses are typically required. Experts with a superior understanding of particular fields may be held to a greater standard of treatment.

If someone violates their duty of care, they could cause harm to the victim and/or their property. The victim then has to demonstrate that the defendant did not fulfill their duty of care and caused the injury or damage that they suffered. Causation is an essential element of any negligence claim. It involves proving the proximate and actual causes of the injuries and damages.

For instance, if someone has a red light there is a good chance that they'll be struck by a vehicle. If their vehicle is damaged, they will be responsible for motor vehicle litigation repairs. The real cause of a crash could be caused by a fracture in the brick that leads to an infection.

Breach of Duty

A defendant's breach of duty is the second aspect of negligence that has to be proved in order to secure compensation in a personal injury claim. A breach of duty is when the actions of the person at fault fall short of what a normal person would do in similar circumstances.

For instance, a doctor has a variety of professional duties towards his patients, which stem from the law of the state and licensing bodies. Drivers are required to care for other drivers and pedestrians, as well as to adhere to traffic laws. If a driver violates this obligation of care and results in an accident, he is responsible for the victim's injuries.

A lawyer can use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then demonstrate that the defendant failed to meet the standard in his actions. It is a question of fact for the jury to decide whether the defendant fulfilled the standard or not.

The plaintiff must also establish that the breach of duty by the defendant was the main cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant could have driven through a red light but that's not the cause of the crash on your bicycle. This is why the causation issue is often contested by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. For instance, if the plaintiff sustained an injury to his neck in a rear-end collision and their lawyer would 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 are not culpable and won't affect the jury's decision on fault.

For psychological injuries However, the connection between an act of negligence and an victim's afflictions may be more difficult to establish. It may be because the plaintiff has a turbulent background, a strained relationship with their parents, or has abused alcohol or drugs.

It is imperative to consult an experienced attorney when you've been involved in a serious motor vehicle compensation vehicle accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation and motor vehicle compensation vehicle accident cases. Our lawyers have established relationships with independent physicians with a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first type of damages covers any monetary costs that are easily added to calculate the sum of medical expenses or lost wages, property repair and even future financial losses, like a decrease in earning capacity.

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

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine the proportion of damages awarded should be divided between them. The jury will determine the percentage of fault each defendant is accountable for the accident, and Motor Vehicle Litigation divide the total amount of damages awarded by the same percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are suffered by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use applies is complex and usually only a clear showing that the owner explicitly did not have permission to operate his vehicle will be able to overcome it.