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motor vehicle attorneys Vehicle Litigation

When liability is contested, it becomes necessary to make a complaint. The defendant will then have the opportunity to respond to the complaint.

New York follows pure comparative fault rules which means that in the event that a jury finds that you are responsible for causing an accident the damages awarded to you will be reduced by the percentage of negligence. This rule is not applicable to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant had an obligation of care to them. This duty is owed by everyone, but people who drive a vehicle owe an even higher duty to other drivers in their field. This includes ensuring that there are no accidents in motor vehicle law vehicles.

Courtrooms assess an individual's actions to what a typical individual would do in similar circumstances to determine reasonable standards of care. This is why expert witnesses are frequently required in cases of medical malpractice. Experts with a superior understanding of a certain field may be held to a greater standard of medical care.

When a person breaches their duty of care, it can cause damage to the victim as well as their property. The victim is then required to show that the defendant violated their duty and caused the harm or damages they sustained. Proving causation is a critical aspect of any negligence claim and requires looking at both the actual causes of the injury damages and the proximate reason for the injury or damage.

If a driver is caught running a stop sign and fails to obey the stop sign, they could be hit by another vehicle. If their car is damaged they'll be responsible for Motor Vehicle Litigation the repairs. But the actual cause of the accident could be a cut in bricks, which later turn into a deadly infection.

Breach of Duty

The second element of negligence is the breach of duty by an individual defendant. This must be proven in order to obtain compensation in a personal injury case. A breach of duty happens when the actions of the party at fault fall short of what a reasonable person would do in similar circumstances.

A doctor, for example is a professional with a range of professional obligations towards his patients. These professional obligations stem from the law of the state and licensing bodies. Motorists are required to show care to other drivers and pedestrians on the road to drive in a safe manner and adhere to traffic laws. Any driver who fails to adhere to this duty and causes an accident is responsible for the injuries sustained by the victim.

A lawyer can use the "reasonable person" standard to prove the existence of the duty of care and then demonstrate that the defendant did not meet the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also prove that the defendant's breach was the primary cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For instance it is possible that a defendant been a motorist who ran a red light, however, the act was not the primary reason for your bicycle crash. In this way, causation is frequently disputed by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if the plaintiff sustained an injury to the neck as a result of an accident that involved rear-ends the lawyer could argue that the collision was the cause of the injury. Other factors that are necessary to cause the collision, such as being in a stationary vehicle are not considered to be culpable and will not influence the jury's determination of the degree of fault.

It could be more difficult to establish a causal link between a negligent act and the psychological issues of the plaintiff. It may be because the plaintiff has a troubled background, a strained relationship with their parents, or has abused alcohol or drugs.

If you've been involved in a serious motor vehicle attorney vehicle accident it is crucial to speak with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle law vehicle accident, commercial and business litigation, as well as personal injury cases. Our lawyers have established working relationships with independent doctors in a wide range of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well with private investigators.

Damages

The damages a plaintiff may recover in motor vehicle litigation include both economic and non-economic damages. The first category of damages is any monetary expenses that can be easily added up and calculated as a total, for example, medical treatment, lost wages, property repair and even future financial losses like a decrease in earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment are not able to be reduced to financial value. However the damages must be proved to exist using extensive evidence, including deposition testimony of the plaintiff's close friends and family members medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages awarded should be split between them. This requires the jury to determine how much responsibility each defendant was at fault for the accident, and then divide the total damages award by that percentage of blame. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of these vehicles and trucks. The subsequent analysis of whether the presumption that permissive use applies is complicated, and typically only a clear evidence that the owner explicitly refused permission to operate the vehicle will be able to overcome it.