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Motor Vehicle Litigation

If liability is contested in court, it becomes necessary to make a complaint. The defendant will then be given the chance to respond to the complaint.

New York follows pure comparative fault rules and, should a jury find you to be the cause of the crash, your damages award will be reduced by the percentage of negligence. This rule does not apply to the owners of vehicles that are which are rented out or leased to minors.

Duty of Care

In a negligence suit the plaintiff must demonstrate that the defendant was obligated to act with reasonable care. This duty is owed to all people, however those who drive a vehicle owe an even greater duty to other drivers in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms, the standard of care is established by comparing the actions of an individual with what a normal person would do in similar conditions. This is why expert witnesses are frequently required in cases involving medical malpractice. Experts who have a superior understanding in a specific field could be held to an even higher standard of care than other individuals in similar situations.

A person's breach of their duty of care may cause injury to a victim or their property. The victim is then required to prove that the defendant's breach of their duty led to the harm and Motor Vehicle Lawsuit damages they suffered. Proving causation is an essential aspect of any negligence claim which involves taking into consideration both the real causes of the injury damages as well as the proximate cause of the damage or injury.

For example, if someone has a red light then it's likely that they'll be hit by another car. If their car is damaged, they will need to pay for repairs. But the actual cause of the accident could be a cut from the brick, which then develops into a potentially dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by an individual defendant. This must be proven in order to be awarded compensation for a personal injury claim. A breach of duty happens when the at-fault party's actions do not match what an average person would do in similar circumstances.

For instance, a physician is required to perform a number of professional duties for his patients stemming from the law of the state and licensing boards. Motorists owe a duty of care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. If a driver violates this duty and causes an accident is accountable for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of a duty of care and then demonstrate that the defendant failed to meet that standard in his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also prove that the breach of duty by the defendant was the primary cause of his or her 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. Causation is often contested in crash cases by defendants.

Causation

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

It may be harder to prove a causal link between a negligent act, and the plaintiff's psychological problems. It could be the case that the plaintiff has a rocky past, a poor relationship with their parents, or has been a user of alcohol or drugs.

If you've been involved in an accident involving a motor vehicle case vehicle that was serious, it is important to consult an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle claim vehicle accidents as well as business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in many areas of expertise as well as experts in computer simulations as well as reconstruction of accidents.

Damages

The damages that plaintiffs can claim in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages comprises any financial costs that can be easily added to calculate a sum, such as medical treatment or lost wages, property repairs, and even future financial losses like a diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, and loss of enjoyment can't be reduced to monetary value. These damages must be proved through extensive evidence such as 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 total damages to be divided between them. The jury must determine the percentage of fault each defendant carries for the accident and then divide the total amount of damages awarded by that percentage. However, motor vehicle lawsuit New York law 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of the vehicles. The subsequent analysis of whether the presumption of permissive usage is applicable is a bit nebulous and usually only a convincing evidence that the owner has explicitly denied permission to operate the vehicle will be able to overcome it.