Motor Vehicle Litigation

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

New York follows pure comparative fault rules which means that if the jury finds you to be the cause of the accident the damages awarded to you will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence lawsuit, the plaintiff must prove that the defendant was obligated to act with reasonable care. Almost everybody owes this duty to everyone else, but those who sit behind the steering wheel of a motor vehicle have a greater obligation to other people in their field of operation. This includes not causing motor vehicle accidents (https://Www.longisland.com/).

Courtrooms compare an individual's actions to what a typical person would do in similar conditions to determine an acceptable standard of care. In cases of medical malpractice experts are often required. Experts who have a superior understanding in a particular field can also be held to an even higher standard of care than other people in similar situations.

A breach of a person's duty of care may cause harm to a victim, or their property. The victim must prove that the defendant acted in breach of their duty of care and caused the injury or damage that they suffered. Causation is an important part of any negligence claim. It involves proving both the proximate and real causes of the damage and injury.

If someone is driving through an stop sign then they are more likely to be hit by a car. If their car is damaged they will be responsible for repairs. The actual cause of the crash could be a brick cut which develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved in order to secure compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the person at fault are not in line with what an ordinary person would do under similar circumstances.

For example, a doctor has a variety of professional obligations to his patients stemming from state law and licensing boards. Motorists owe a duty care to other motorists and pedestrians on the road to drive in a safe manner and adhere to traffic laws. When a driver breaches this duty of care and creates an accident, he is liable for the injuries sustained by the victim.

A lawyer may use the "reasonable individuals" standard to show that there is a duty of prudence and then demonstrate that defendant did not adhere to this standard in his actions. It is a question of fact that the jury has to decide whether the defendant met the standard or not.

The plaintiff must also demonstrate that the breach of duty by the defendant was the direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant could have driven through a red light, but that wasn't what caused your bicycle accident. Because of this, causation is often challenged by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and the injuries. For example, if the plaintiff suffered a neck injury from an accident that involved rear-ends, his or her lawyer will argue that the accident caused the injury. Other factors that are needed to produce the collision, like being in a stationary vehicle are not culpable and will not affect the jury's determination of the liability.

It is possible to establish a causal link between a negligent action and the psychological issues of the plaintiff. It could be the case that the plaintiff has a troubled past, has a difficult relationship with their parents, or has been a user of alcohol or drugs.

It is important to consult an experienced attorney should you be involved in a serious motor accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident law firm vehicle accident cases, business and commercial litigation, and personal injury cases. Our lawyers have established working relationships with independent medical professionals across a variety of specialties and expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages that plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first category of damages includes the costs of monetary value that can be easily added together and calculated into the total amount, which includes medical treatment, lost wages, repairs to property, and even the possibility of future financial loss, for instance diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment of life are not able to be reduced to monetary value. These damages must be established through extensive evidence such as depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.

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

좋아요 0