motor vehicle accident law firms Vehicle Litigation

If the liability is challenged then it is necessary to bring a lawsuit. 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 based on your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a case of negligence the plaintiff must prove that the defendant was bound by the duty of care towards them. Most people owe this duty to everyone else, however individuals who get behind the driving wheel of a motorized vehicle have an even higher duty to the other drivers in their zone of operation. This includes not causing accidents in motor vehicles.

In courtrooms, the standard of care is determined by comparing the actions of an individual with what a typical person would do under similar conditions. In cases of medical malpractice expert witnesses are typically required. Experts who have a greater understanding of specific fields could be held to a higher standard of treatment.

A person's breach of their duty of care may cause harm to the victim or their property. The victim must demonstrate that the defendant did not fulfill their duty and caused the harm or damages they sustained. Causation proof is a crucial element in any negligence case, and it involves looking at both the actual cause of the injury or damages and the proximate reason for the injury or damage.

If someone is driving through a stop sign then they are more likely to be hit by a car. If their car is damaged, they will have to pay for the repairs. The reason for a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by the defendant. This must be proven for compensation for a personal injury claim. A breach of duty happens when the actions of the person at fault do not match what an average person would do in similar circumstances.

For instance, a doctor has many professional obligations to his patients, which stem from laws of the state and licensing bodies. Motorists owe a duty of care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. When a driver breaches this duty of care and causes an accident, he is accountable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable persons" standard to show that there is a duty of prudence and then prove that the defendant did not adhere to this standard in his conduct. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also prove that the defendant's breach of duty was the proximate cause of the injuries. It can be more difficult to prove this than a breach of duty. For instance it is possible that a defendant crossed a red line, however, the act was not the sole reason for your bicycle crash. Causation is often contested in case of a crash by the defendants.

Causation

In motor Vehicle accident law firm vehicle accidents, the plaintiff must prove a causal link between breach of the defendant and the injuries. If the plaintiff suffered neck injuries in a rear-end collision then his or her attorney will argue that the incident was the cause of the injury. Other factors necessary to cause the collision, like being in a stationary vehicle, are not culpable, and won't affect the jury's decision to determine the fault.

It may be harder to establish a causal connection between a negligent act and the psychological symptoms of the plaintiff. The fact that the plaintiff has a troubles in his or her childhood, had a difficult relationship with their parents, Motor Vehicle Accident Law Firm used alcohol and drugs or had previous unemployment may have some impact on the severity of the psychological issues he or she suffers after an accident, but courts typically consider these factors as an element of the background conditions from which the plaintiff's accident occurred, rather than as an independent reason for the injuries.

It is imperative to consult an experienced attorney when you've been involved in a serious accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, and motor vehicle crash cases. Our lawyers have formed working relationships with independent physicians in various specialties as well as experts in computer simulations and reconstruction of accidents.

Damages

In motor vehicle litigation, a person can seek both economic and noneconomic damages. The first category of damages is the costs of monetary value that can easily be added up and calculated into the total amount, which includes medical treatments, lost wages, repairs to property, or even a future financial loss, such loss of 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 cash. These damages must be proved with a large amount of evidence, such as depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases that involve multiple defendants, Courts will often use comparative negligence rules to determine how much of the total damages awarded should be divided between them. The jury will determine the proportion of fault each defendant is responsible for the incident, and divide the total amount of damages awarded by the percentage. 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 process of determining whether the presumption is permissive or not is complicated. Most of the time it is only a clear evidence that the owner denied permission to the driver to operate the vehicle will overrule the presumption.