Motor Vehicle Litigation

If the liability is challenged, it becomes necessary to bring a lawsuit. The Defendant has the right to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you to be the cause of a crash the damages awarded will be reduced by your percentage of negligence. This rule is not applicable to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant owed the duty of care towards them. This duty is owed to everyone, but people who operate a vehicle owe an even higher duty to other people in their field. This includes not causing car accidents.

Courtrooms compare an individual's actions to what a typical individual would do under similar circumstances to establish what is an acceptable standard of care. This is why expert witnesses are frequently required in cases of medical malpractice. People with superior knowledge in specific fields could be held to a higher standard of medical care.

If a person violates their duty of care, it could cause damage to the victim as well as their property. The victim has to demonstrate that the defendant's violation of their duty resulted in the injury and damages that they have suffered. Proving causation is a critical aspect of any negligence claim and involves looking at both the actual causes of the injury damages, as well as the causal cause of the injury or damage.

For instance, if a person is stopped at a red light and is stopped, they will be hit by a vehicle. If their vehicle is damaged, they will be required to pay for repairs. But the actual cause of the crash might be a cut on the brick, which then develops into a potentially dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. This must be proved for compensation for personal injury claims. A breach of duty is when the actions taken by the person who is at fault are insufficient to what a normal person would do in similar circumstances.

A doctor, for instance has many professional obligations to his patients, which stem from the law of the state and licensing authorities. Motorists are required to show care to other motorists and pedestrians to drive safely and obey traffic laws. A driver who breaches this obligation and causes an accident is accountable for the injuries suffered by the victim.

A lawyer can rely on the "reasonable individuals" standard to show that there is a duty to be cautious and then show that the defendant failed to meet this standard with his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also demonstrate that the breach by the defendant was the primary cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant might have walked through a red light but that's not the cause of the accident on your bicycle. The issue of causation is often challenged in cases of crash by defendants.

Causation

In culver city motor vehicle accident lawyer vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. If the plaintiff sustained neck injuries in an accident with rear-end damage the attorney for the plaintiff will argue that the incident caused the injury. Other elements that could have caused the collision, such as being in a stationary vehicle is not culpable and won't affect the jury’s determination of the degree of fault.

It can be difficult to establish a causal link between a negligent act and the plaintiff's psychological problems. It may be the case that the plaintiff has a rocky past, has a bad relationship with their parents, or has used drugs or alcohol.

It is important to consult an experienced attorney in the event that 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 accident cases. Our lawyers have formed working relationships with independent physicians in many areas of expertise as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

In coshocton motor vehicle accident attorney vehicle litigation, a plaintiff could recover both economic and noneconomic damages. The first category of damages includes any monetary expenses that can be easily added to calculate a total, for example, medical expenses and lost wages, property repair, and even future financial losses like diminished earning capacity.

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

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of damages to be divided between them. The jury has to determine the percentage of blame each defendant carries for the accident and then divide the total amount of damages awarded by the percentage. New York law however, does not allow for this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of these trucks and cars. The resulting analysis of whether the presumption of permissive usage applies is complicated and usually only a convincing evidence that the owner explicitly did not have permission to operate his car will be sufficient to overcome it.