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Motor Vehicle Litigation

If liability is contested then it is necessary to bring a lawsuit. The defendant then has the opportunity to respond to the complaint.

New York follows pure comparative fault rules, which means that when a jury finds you responsible for the accident the amount of damages awarded will be reduced by your percentage of negligence. This rule does not apply to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a negligence case the plaintiff must show that the defendant was obligated to exercise reasonable care. Most people owe this duty to everyone else, but those who sit behind the wheel of a motor vehicle have an even higher duty to the other drivers in their zone of activity. This includes not causing motor vehicle Case (Http://01041497484.ussoft.kr/G5-5.0.13/bbs/board.php?bo_table=board_03&wr_id=613343) vehicle accidents.

In courtrooms the standard of care is determined by comparing an individual's behavior with what a typical person would do in similar situations. In the event of medical negligence experts are typically required. Experts with more experience in particular fields may be held to a greater standard of medical care.

A person's breach of their duty of care can cause harm to the victim or their property. The victim has to demonstrate that the defendant's violation of their duty led to the harm and damages they suffered. Causation is an essential element of any negligence claim. It requires proof of both the proximate and real causes of the damages and injuries.

If a person is stopped at an stop sign then they are more likely to be struck by another vehicle. If their car is damaged they'll be responsible for the repairs. However, the real cause of the crash could be a cut from bricks that later develop into a deadly infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proven to win compensation in a personal injury case. A breach of duty is when the actions taken by the person who is at fault fall short of what a normal person would do in similar circumstances.

For example, a doctor has several professional obligations to his patients, arising from state law and licensing boards. Drivers are bound to protect other motorists and pedestrians, and to obey traffic laws. A driver who breaches this duty and creates an accident is accountable for the injuries of the victim.

A lawyer may use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then show that the defendant failed to meet the standard in his actions. It is a matter of fact for the jury to decide if the defendant complied with the standard or not.

The plaintiff must also establish that the breach of duty by the defendant was the proximate cause of the injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have driven through a red light but that wasn't what caused the crash on your bicycle. In this way, causation is frequently disputed by the defendants in cases of crash.

Causation

In motor vehicle lawyer vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and Motor Vehicle Case his or her injuries. For example, if the plaintiff sustained an injury to the neck as a result of an accident that involved rear-ends and their lawyer could argue that the collision was the cause of the injury. Other factors that are necessary to produce the collision, like being in a stationary car, are not culpable, and do not affect the jury's decision of the liability.

It could be more difficult to prove a causal link between a negligent act and the plaintiff's psychological problems. The fact that the plaintiff suffered from a a troubled childhood, poor relationship with his or her parents, used alcohol and drugs or had previous unemployment may have some bearing on the severity of the psychological issues he or suffers following an accident, but courts typically view these elements as part of the context that caused the accident arose rather than an independent reason for the injuries.

If you've been involved in an accident that is serious to your vehicle, it is important to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation, and motor vehicle legal vehicle accident cases. Our lawyers have established relationships with independent physicians in a range of specialties, expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

The damages that plaintiffs can claim in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages is all costs that can be easily added together and calculated into a total, for example, medical treatments or lost wages, repair to property, and even financial loss, such loss of earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, and loss of enjoyment of life are not able to 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, or other expert witness testimony.

In the event of multiple defendants, courts typically use the comparative fault rule to determine the amount of total damages to be split between them. The jury must determine the degree of fault each defendant was responsible for motor vehicle case the accident, and then divide the total amount of damages by the percentage of blame. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of the vehicles. The process of determining whether the presumption is permissive is complicated. In general it is only a clear evidence that the owner was not able to grant permission for the driver to operate the vehicle can overrule the presumption.