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motor vehicle attorneys Vehicle Litigation

When a claim for liability is litigated and the liability is disputed, it is necessary to start a lawsuit. The defendant has the right 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 and you are found to be at fault, your damages will be reduced based on your percentage of fault. There is a caveat to this rule: CPLR SS 1602 excludes the owners of vehicles that are rented or leased by minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was bound by an obligation of care to them. Almost everybody owes this duty to everyone else, but those who take the driving wheel of a motorized vehicle have a higher obligation to other people in their field of activity. This includes ensuring that they do not cause accidents in motor vehicle attorneys vehicles.

In courtrooms the standards of care are determined by comparing the actions of an individual with what a typical person would do in the same situations. Expert witnesses are often required in cases involving medical negligence. Experts with a superior understanding of the field could be held to a higher standard of treatment.

If someone violates their duty of care, they could cause harm to the victim and/or their property. The victim is then required to establish that the defendant's breach of their duty led to the injury and damages that they suffered. The proof of causation is an essential aspect of any negligence case, and it involves looking at both the actual reason for the injury or damages and the proximate reason for the damage or injury.

For instance, if a person has a red light and is stopped, they'll be hit by a car. If their car is damaged they will be responsible for the repairs. But the actual cause of the crash might be a cut from the brick, which then develops 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 for compensation in a personal injury case. A breach of duty occurs when the actions of the person who is at fault are insufficient to what a normal person would do under similar circumstances.

A doctor, for instance has a variety of professional obligations to his patients. These professional obligations stem from the law of the state and licensing bodies. Drivers are obliged to be considerate of other drivers and pedestrians, and adhere to traffic laws. If a driver violates this obligation of care and creates an accident, he is accountable for the injury suffered by the victim.

A lawyer can rely on the "reasonable person" standard to establish the existence of the duty of care, and then prove 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 of the defendant was the proximate cause of the injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant might have walked through a red light, but that's not what caused your bicycle accident. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle lawyers vehicle cases the plaintiff must prove that there is a causal connection between the breach by the defendant and their injuries. If a plaintiff suffers neck injuries in a rear-end accident, his or Motor Vehicle Case her attorney would argue that the collision was the reason for the injury. Other factors necessary to cause the collision, like being in a stationary vehicle, are not culpable, and won't affect the jury's decision to determine the degree of fault.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms could be more difficult to establish. It may be that the plaintiff has a turbulent past, has a difficult relationship with their parents, or has abused alcohol or drugs.

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

Damages

The damages that a plaintiff can recover in a motor vehicle case include both economic and motor vehicle case non-economic damages. The first type of damages is any monetary costs that can be easily added to calculate an amount, like medical expenses or lost wages, property repair and even future financial losses, like a decrease in earning capacity.

New York law also recognizes the right to seek non-economic damages like the suffering of others and the loss of enjoyment of life which cannot be reduced to a monetary amount. However the damages must be proved to exist using extensive evidence, such as deposition testimony from the plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of damages to be divided between them. The jury must determine the proportion of fault each defendant is accountable for the incident, and divide the total damages awarded by the percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries sustained by the drivers of cars or trucks. The subsequent analysis of whether the presumption that permissive use applies is complex and usually only a clear evidence that the owner has explicitly did not have permission to operate his vehicle will be able to overcome it.