Motor Vehicle Litigation
A lawsuit is necessary when liability is contested. The defendant has the right to respond to the Complaint.
New York follows pure comparative fault rules which means that if the jury finds you to be at fault for causing an accident the damages awarded will be reduced by your percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.
Duty of Care
In a case of negligence, the plaintiff has to prove that the defendant was bound by a duty of care towards them. Most people owe this duty to everyone else, however those who take the steering wheel of a
motor vehicle accident lawyers -
relevant internet site, vehicle have a greater obligation to the other drivers in their zone of operation. This includes ensuring that they don't cause accidents in motor vehicles.
Courtrooms assess an individual's actions to what a typical individual would do under similar circumstances to determine what constitutes an acceptable standard of care. In the event of medical negligence experts are typically required. Experts who have a superior understanding in a particular field may be held to an even higher standard of care than others in similar situations.
When a person breaches their duty of care, it may cause harm to the victim and/or their property. The victim is then required to show that the defendant violated their duty and caused the harm or damages they sustained. Proving causation is a critical part of any negligence case, and it involves considering both the actual cause of the injury or damages as well as the reason for the injury or damage.
For instance, if a person runs a red stop sign there is a good chance that they will be hit by a car. If their vehicle is damaged, they'll be responsible for repairs. The actual cause of a crash could be a brick cut which develops into an infection.
Breach of Duty
The second element of negligence is the breach of duty committed by a defendant. This must be proven in order to receive compensation in a personal injury case. A breach of duty occurs when the actions of the party at fault aren't in line with what a reasonable person would do in similar circumstances.
For instance,
Motor Vehicle Accident Lawyers a doctor has several professional duties to his patients that are governed by laws of the state and licensing boards. Motorists have a duty of care to other drivers and pedestrians on the road to drive in a safe manner and adhere to traffic laws. If a driver fails to comply with this duty of care and creates an accident, he is responsible for the injuries sustained by the victim.
A lawyer can use the "reasonable person" standard to prove the existence of the duty of care and then demonstrate that the defendant failed to meet the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standards.
The plaintiff must also prove that the breach of duty of the defendant was the main cause of his or her injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have run through a red light however, that's not the reason for your bicycle accident. In this way, the causation issue is often contested by the defendants in cases of crash.
Causation
In motor vehicle-related cases, the plaintiff must prove a causal link between breach of the defendant and the injuries. For instance, if a plaintiff suffered an injury to the neck as a result of a rear-end collision the lawyer will argue that the collision was the cause of the injury. Other elements that could have caused the collision, like being in a stationary vehicle are not considered to be culpable and will not influence the jury's determination of the cause of the accident.
For psychological injuries, however, the link between a negligent act and
motor vehicle Accident lawyers an injured plaintiff's symptoms could be more difficult to establish. It could be because the plaintiff has a troubled past, has a bad relationship with their parents, or has been a user of drugs or alcohol.
If you've been involved in an accident involving a
motor vehicle accident attorneys vehicle that was serious it is essential to speak with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have established working relationships with independent physicians across a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators.
Damages
In motor vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first category of damages includes any monetary expenses that can be easily added up and calculated as a sum, such as medical treatment, lost wages, property repair, and even future financial losses like a diminished earning capacity.
New York law also recognizes the right to recover non-economic damages such as pain and suffering as well as loss of enjoyment of life which cannot be reduced to a monetary amount. However the damages must be proven to exist using extensive evidence, such as deposition testimony from plaintiff's close family members and friends, medical records, and other expert witness testimony.
In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine how much of the damages awarded should be divided between them. The jury will determine the percentage of blame each defendant has for the incident and then divide the total amount of damages awarded by the percentage. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of these vehicles and trucks. The analysis to determine whether the presumption is permissive is complicated. The majority of the time the only way to prove that the owner refused permission for the driver to operate the vehicle will be sufficient to overturn the presumption.