공지사항

motor vehicle attorney Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant will then be given the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, should a jury find that you are responsible for an accident, your damages will be reduced according to your percentage of blame. There is a caveat to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant had the duty of care towards them. Most people owe this duty to everyone else, but those who are behind the driving wheel of a motorized vehicle have a greater obligation to the other drivers in their zone of activity. This includes not causing 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 under similar situations. Expert witnesses are often required in cases of medical malpractice. Experts who have a superior understanding in a particular field can be held to a higher standard of care than others in similar situations.

A breach of a person's obligation of care can cause harm to the victim or their property. The victim has to prove that the defendant breached their obligation and caused the damage or damages they sustained. Causation proof is a crucial aspect of any negligence case, and it involves considering both the actual causes of the injury damages, as well as the causal cause of the damage or injury.

If a driver is caught running the stop sign then they are more likely to be struck by a vehicle. If their car is damaged they will be responsible for the repairs. However, the real cause of the crash might be a cut or a brick that later develops into a deadly infection.

Breach of Duty

A defendant's breach of duty is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury claim. A breach of duty happens when the actions of a party who is at fault aren't in line with what a reasonable person would do in similar circumstances.

For instance, a physician has a variety of professional obligations to his patients based on state law and licensing boards. Motorists have a duty of care to other drivers and pedestrians on the road to drive safely and observe traffic laws. Any driver who fails to adhere to this obligation and causes an accident is responsible for the victim's injuries.

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 meet that standard in his actions. The jury will decide if the defendant met or did not meet the standards.

The plaintiff must also prove that the defendant's breach of duty was the main cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example, a defendant may have run a red light but it's likely that his or her actions wasn't the proximate reason for your bicycle crash. In this way, causation is frequently disputed by defendants in crash cases.

Causation

In motor vehicle law vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and his or her injuries. For example, if the plaintiff sustained neck injuries as a result of an accident that involved rear-ends and their lawyer would argue that the accident caused the injury. Other factors that are essential for the collision to occur, such as being in a stationary vehicle are not culpable, and do not affect the jury's decision of liability.

For psychological injuries However, the connection between a negligent act and an affected plaintiff's symptoms can be more difficult to establish. It may be that the plaintiff has a turbulent past, a poor motor vehicle lawyer relationship with their parents, or has abused alcohol or drugs.

If you have been in a serious motor vehicle law vehicle crash it is crucial to speak with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, and motor vehicle lawyers Vehicle Lawyer (Yesonoil.Com) vehicle crash cases. Our lawyers have established relationships with independent physicians in a range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators.

Damages

The damages a plaintiff can recover in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages is all costs that can easily be added up and then calculated into an overall amount, including medical expenses and lost wages, repairs to property, and even future financial loss, like the loss of earning capacity.

New York law also recognizes the right to recover non-economic damages like pain and suffering as well as loss of enjoyment of life which cannot be reduced to a monetary amount. The damages must be proven by a wide array of evidence, including depositions of family members or friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the total damages awarded should be divided between them. The jury will determine the percentage of fault each defendant is accountable for the accident, and divide the total amount of damages awarded by that percentage. New York law however, does not permit this. 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 of permissive use applies is complex, and typically only a clear proof that the owner specifically denied permission to operate the car will be sufficient to overcome it.