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motor vehicle lawyer Vehicle Litigation

If liability is contested and the liability is disputed, it is necessary to file a lawsuit. The defendant has the option to respond to the Complaint.

New York has a pure comparative negligence rule. This means that should a jury find you to be responsible for an accident the amount of damages you will be reduced based on your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a negligence lawsuit the plaintiff must show that the defendant was obligated to exercise reasonable care. Nearly everyone owes this obligation to everyone else, but those who are behind the steering wheel of a motor vehicle have an even higher duty to others in their area of operation. This includes not causing accidents with motor vehicles.

In courtrooms, the standard of care is established by comparing an individual's actions to what a normal person would do under similar conditions. This is why expert witnesses are often required when cases involve medical malpractice. Experts who are knowledgeable in a particular field may also be held to a higher standard of care than others in similar situations.

If a person violates their duty of care, it could cause damage to the victim as well as 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 proof is a crucial aspect of any negligence case which involves looking at both the actual causes of the injury damages as well as the proximate cause of the damage or injury.

For instance, if a person has a red light, it's likely that they'll be struck by another car. If their vehicle is damaged, they'll be accountable for repairs. The actual cause of the crash could be a fracture in the brick that leads to 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 for personal injury claims. A breach of duty happens when the actions of the party at fault fall short of what an average person would do in similar circumstances.

A doctor, for example is a professional with a range of professional obligations to his patients. These professional obligations stem from state law and licensing bodies. Drivers have a duty to be considerate of other drivers and pedestrians, as well as to respect traffic laws. A driver who breaches this obligation and causes an accident is accountable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable people" standard to show that there is a duty of caution and then show that the defendant did not meet this standard in his conduct. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also demonstrate that the breach by the defendant was the main cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. For example, a defendant may have crossed a red light, however, the act wasn't the main cause of your bicycle crash. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle law vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. If the plaintiff sustained a neck injury in an accident with rear-end damage then his or her attorney would argue that the collision was the reason for the injury. Other elements that are required in causing the collision like being in a stationary car, are not culpable and do not affect the jury's determination of the liability.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff suffered from a a troubled childhood, poor relationship with his or her parents, used alcohol and drugs, or suffered previous unemployment may have some impact on the severity of the psychological issues he or suffers following a crash, but the courts typically view these elements as an element of the background conditions that caused the accident in which the plaintiff occurred, rather than as an independent cause of the injuries.

If you have been in an accident involving a motor vehicle law vehicle that was serious, it is important to consult an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, and motor vehicle case vehicle accident cases. Our lawyers have built working relationships with independent physicians in different specialties, as well as experts in computer simulations and Motor Vehicle Case reconstruction of accidents.

Damages

The damages that a plaintiff may recover in a motor vehicle case include both economic and non-economic damages. The first category of damages comprises any financial costs that are easily added to calculate a sum, such as medical treatment loss of wages, property repairs, and even future financial losses, like a decrease in earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, and loss of enjoyment cannot be reduced to monetary value. These damages must be proved through extensive evidence like depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of damages to be split between them. The jury has to determine the percentage of fault each defendant is accountable for the incident, and divide the total amount of damages awarded by that percentage. However, New York law 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are caused by drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive use applies is complex and usually only a clear proof that the owner explicitly denied permission to operate the vehicle will be able to overcome it.