Motor Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. The Defendant will then have the opportunity to respond to the complaint.

New York follows pure comparative fault rules which means that should a jury find that you are responsible for causing the crash the damages awarded will be reduced by your percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a negligence suit, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. This duty is owed to all people, however those who operate vehicles owe an even greater duty to other people in their field. This includes ensuring that they don't cause accidents with lakewood motor vehicle accident lawyer vehicles.

In courtrooms, the standard of care is established by comparing an individual's conduct against what a normal individual would do in the same conditions. Expert witnesses are frequently required in cases of medical malpractice. People who have superior knowledge in a particular field may be held to a higher standard of care than other people in similar situations.

When someone breaches their duty of care, it can cause harm to the victim and/or their property. The victim must demonstrate that the defendant's violation of duty caused the injury and damages that they have suffered. The proof of causation is an essential part of any negligence case, and it involves investigating both the primary causes of the injury damages as well as the proximate reason for the injury or damage.

If someone is driving through a stop sign and fails to obey the stop sign, they could be struck by a vehicle. If their vehicle is damaged, they'll be accountable for the repairs. The reason for the accident could be a cut or the brick, which then develops into a deadly infection.

Breach of Duty

The second element of negligence is the breach of duty by the defendant. This must be proved in order to obtain compensation in a personal injury case. A breach of duty occurs when the actions of a party who is at fault do not match what reasonable people would do in similar circumstances.

For instance, a physician has several professional obligations to his patients, arising from state law and licensing boards. Motorists are required to show care to other motorists and pedestrians on the road to drive safely and observe traffic laws. If a driver fails to comply with this obligation of care and results in an accident, he is liable for the injuries sustained by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of the duty of care and then prove that the defendant failed to meet that standard in his actions. It is a matter of fact for the jury to decide if the defendant met the standard or not.

The plaintiff must also demonstrate that the breach of duty by the defendant was the main cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light, however, that's not the reason for your bicycle accident. For this reason, causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle accidents, the plaintiff must prove an causal link between breach by the defendant and their injuries. For example, if the plaintiff suffered neck injuries as a result of a rear-end collision the lawyer will argue that the collision caused the injury. Other factors that are necessary for the collision to occur, like being in a stationary vehicle, are not culpable and do not affect the jury's determination of the liability.

For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It could be because the plaintiff has a troubled past, has a difficult relationship with their parents, or has been a user of drugs or alcohol.

If you've been involved in a serious motor vehicle accident It is imperative to speak with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in pearl motor vehicle accident lawsuit vehicle accidents cases, business and commercial litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent physicians in different specialties as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

In motor vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first type of damages comprises any financial costs that are easily added up and calculated as an amount, like medical treatment and lost wages, property repair, and even future financial losses, like a decrease in earning capacity.

New York law also recognizes the right to seek non-economic damages, such as pain and suffering as well as loss of enjoyment, which cannot be reduced to a dollar amount. The damages must be proven by a wide array of evidence, including depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the damages awarded should be divided between them. The jury will determine the percentage of fault each defendant is accountable for the incident and then divide the total amount of damages awarded by that percentage. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are caused by drivers of trucks or cars. The process of determining whether the presumption is permissive is complex. 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.