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motor vehicle lawyer Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The Defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, if a jury finds that you were at fault for an accident and you are found to be at fault, your damages will be reduced according to your percentage of blame. This rule does not apply to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence suit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. Nearly everyone owes this obligation to everyone else, but those who take the steering wheel of a motor vehicle have a greater obligation to the other drivers in their zone of operation. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms compare an individual's actions to what a typical person would do under similar circumstances to determine an acceptable standard of care. In cases of medical malpractice, expert witnesses are usually required. People with superior knowledge in a certain field may be held to a higher standard of medical care.

A person's breach of their duty of care can cause injury to a victim or their property. The victim then has to prove that the defendant breached their duty of care and caused the injury or damage that they suffered. Causation proof is a crucial aspect of any negligence case and requires investigating both the primary basis of the injury or damages and the proximate cause of the damage or injury.

For example, if someone runs a red stop sign there is a good chance that they'll be struck by a car. If their vehicle is damaged, they'll need to pay for repairs. The real cause of an accident could be a brick cut which develops into an infection.

Breach of Duty

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

A doctor, for instance has many professional obligations to his patients. These professional obligations stem from state law and licensing bodies. Drivers are bound to protect other motorists as well as pedestrians, and to follow traffic laws. A driver who breaches this duty and results in an accident is responsible for the injuries suffered by the victim.

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

The plaintiff must also prove that the defendant's breach of duty was the primary cause of his or her injuries. It is more difficult to prove this than a breach of duty. A defendant could have driven through a red light but that's not what caused the bicycle accident. For this reason, causation is frequently disputed by the defendants in cases of crash.

Causation

In motor vehicle case vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. If the plaintiff sustained neck injuries as a result of a rear-end collision and his or her attorney would argue that the accident was the cause of the injury. Other factors that are essential to produce the collision, like being in a stationary vehicle are not culpable, and do not affect the jury's decision of the liability.

It may be harder to establish a causal relationship between a negligent act and motor vehicle lawyer the psychological issues of the plaintiff. It may be that the plaintiff has a turbulent background, a strained relationship with their parents, or is a user of drugs or alcohol.

It is important to consult an experienced lawyer in the event that you've been involved in a serious motor vehicle settlement vehicle lawyer (click for source) vehicle accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation, and motor vehicle accident cases. Our lawyers have developed relationships with independent physicians across a variety of specialties including expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

The damages that plaintiffs can seek in motor vehicle litigation can include both economic and non-economic damages. The first type of damages includes all monetary costs which can easily be added up and then calculated into a total, for example, medical treatment or lost wages, repair to property, and even financial loss, like the loss of earning capacity.

New York law also recognizes the right to recover non-economic damages like pain and suffering and loss of enjoyment, which cannot be reduced to a dollar amount. However, these damages must be proved to exist by a variety of evidence, such as deposition testimony from the plaintiff's family members and close friends, medical records, and other expert witness testimony.

In cases where there are multiple defendants, courts often use comparative fault rules to determine the amount of total damages that should be divided between them. This requires the jury to determine how much responsibility each defendant had for the accident, and then divide the total damages award by that percentage of blame. However, New York law 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries sustained by the drivers of trucks or cars. The subsequent analysis of whether the presumption of permissiveness applies is complex and usually only a convincing evidence that the owner specifically did not have permission to operate his car will overcome it.