motor vehicle accident attorneys Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant has the option 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, your damages will be reduced based on your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant owed an obligation of care to them. This duty is owed by all, but those who operate a vehicle owe an even greater duty to others in their field. This includes ensuring that they don't cause motor vehicle accidents.

In courtrooms, the standard of care is established by comparing the actions of an individual to what a normal person would do in similar situations. In the event of medical malpractice, expert witnesses are usually required. Experts who have a superior understanding in a specific field could also be held to a higher standard of care than others in similar situations.

A person's breach of their obligation of care can cause injury to a victim or their property. The victim is then required to demonstrate that the defendant's violation of their duty resulted in the injury and damages that they suffered. Causation is a key element of any negligence claim. It involves proving the proximate and real causes of the damages and injuries.

For instance, if a person runs a red light there is a good chance that they will be hit by another car. If their vehicle is damaged, they'll be responsible for the repairs. The reason for the accident could be a cut on the brick, which then develops into a potentially dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that must be proved to obtain compensation in a personal injury case. A breach of duty occurs when the at-fault party's actions are not in line with what a reasonable person would do in similar circumstances.

A doctor, for instance is a professional with a range of professional obligations to his patients. These professional obligations stem from the law of the state and licensing bodies. Drivers are bound to care for other drivers as well as pedestrians, and to obey traffic laws. Drivers who violate this obligation and causes an accident is accountable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then demonstrate that the defendant failed to meet the standard in his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also demonstrate that the defendant's negligence was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example, a defendant may have crossed a red line, but the action wasn't the main cause of your bicycle crash. For this reason, causation is frequently disputed by the defendants in cases of crash.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. If the plaintiff sustained an injury to the neck in a rear-end accident and his or her attorney would argue that the accident was the cause of the injury. Other factors that contributed to the collision, like being in a stationary car is not culpable and will not affect the jury's determination of fault.

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

If you have been in a serious motor vehicle accident it is essential to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation and motor vehicle accident attorneys vehicle accident 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 motor vehicle litigation include both economic and non-economic damages. The first category of damages includes all financial costs that can easily be added up and calculated into an overall amount, including medical expenses as well as lost wages, repairs to property, and even future financial loss, such diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment of life cannot be reduced to monetary value. However the damages must be proved to exist with the help of extensive evidence, such as deposition testimony of the plaintiff's family members and close friends medical records, as well as other expert witness testimony.

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages award should be allocated between them. The jury must determine the degree of fault each defendant had for the accident and to then divide the total amount of damages by that percentage of fault. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries sustained by drivers of cars or trucks. The subsequent analysis of whether the presumption that permissive use is applicable is a bit nebulous and typically only a clear showing that the owner specifically did not have permission to operate his car will be sufficient to overcome it.

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