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motor vehicle case Vehicle Litigation

When a claim for liability is litigated then it is necessary to bring a lawsuit. The defendant will then be given the opportunity to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you to be the cause of the accident, your damages award will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles that are rented or leased out to 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, however those who take the steering wheel of a motor vehicle have a greater obligation to other people in their field of activity. This includes not causing accidents with motor vehicle lawsuit vehicles.

In courtrooms, the standard of care is established by comparing an individual's actions with what a typical person would do in the same circumstances. In the case of medical malpractice, expert witnesses are usually required. Experts with a superior understanding of the field could be held to a higher standard of medical care.

A person's breach of their duty of care may cause injury to a victim or their property. The victim has to prove that the defendant acted in breach of their duty of care and caused the injury or damages they suffered. Causation is a key element of any negligence claim. It involves proving both the actual and proximate causes of the injuries and damages.

If a driver is caught running an intersection, they are likely to be struck by another vehicle. If their car is damaged, motor vehicle lawsuit they'll have to pay for the repairs. But the actual cause of the crash could be a cut in bricks that later develop into a deadly infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by the defendant. It must be proven in order to receive compensation for a personal injury claim. A breach of duty is when the actions taken by the person at fault fall short of what an ordinary person would do in similar circumstances.

For instance, a physician has several professional obligations to his patients based on laws of the state and licensing boards. Drivers are bound to care for other drivers and pedestrians, and respect traffic laws. If a driver violates this duty of care and results in an accident, the driver is responsible for the injuries suffered by the victim.

A lawyer can use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then show that the defendant failed to comply with the standard in his actions. It is a matter of fact that the jury has to decide if the defendant fulfilled the standard or not.

The plaintiff must also establish that the breach of duty of the defendant was the main cause of the injuries. This is sometimes more difficult to prove than the existence of a duty and motor vehicle lawsuit breach. A defendant could have run through a red light, but that's not the cause of your bicycle accident. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach and their injuries. If the plaintiff suffered neck injuries in an accident that involved rear-end collisions the attorney for the plaintiff would argue that the accident was the reason for the injury. Other factors that are needed to cause the collision, like being in a stationary vehicle are not culpable, and do not affect the jury's determination of the liability.

For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. It may be because the plaintiff has a rocky past, has a difficult relationship with their parents, or is a user of drugs or alcohol.

It is essential to speak with an experienced attorney should you be involved in a serious motor vehicle compensation vehicle accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, and motor vehicle crash cases. Our lawyers have formed working relationships with independent doctors with a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators.

Damages

The damages a plaintiff may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages includes any monetary costs that are easily added to calculate a total, for example, medical expenses loss of wages, property repairs, and even future financial losses like 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 of life which cannot be reduced to a dollar amount. The proof of these damages is through extensive evidence like depositions of family members and friends of the plaintiff, medical records, or other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the rules of comparative negligence to determine the percentage of damages award should be allocated between them. The jury must determine the amount of fault each defendant incurred in the incident and then divide the total amount of damages by the percentage of blame. New York law however, doesn't allow this. 1602 excludes vehicle owners from the comparative negligence rule in cases where injuries are sustained by the drivers of trucks or cars. The process of determining whether the presumption is permissive is complex. Typically it is only a clear evidence that the owner did not grant permission to the driver to operate the vehicle will be sufficient to overturn the presumption.