motor vehicle accident law firms Vehicle Litigation

A lawsuit is required 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 the accident the amount of damages awarded will be reduced by your percentage of negligence. This rule does not apply to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a lawsuit for negligence the plaintiff must show that the defendant owed them a duty to exercise reasonable care. This duty is owed by all people, however those who drive a vehicle owe an even greater obligation to others in their field. This includes ensuring that they don't cause motor vehicle accidents.

In courtrooms the quality of care is determined by comparing the actions of an individual with what a normal person would do in similar circumstances. Expert witnesses are frequently required in cases of medical malpractice. Experts who are knowledgeable in a specific field could also be held to a higher standard of care than others in similar situations.

A person's breach of their duty of care could cause harm to a victim, or their property. The victim has to demonstrate that the defendant did not fulfill their duty of care and caused the injury or damage they sustained. Proving causation is a critical aspect of any negligence case, and it involves considering both the actual causes of the injury damages, as well as the causal reason for the injury or damage.

For example, if someone runs a red stop sign and is stopped, they'll be struck by a car. If their car is damaged they'll be responsible for repairs. But the actual cause of the crash might be a cut or bricks, which later turn into a deadly infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proven to win compensation in a personal injury suit. A breach of duty is when the actions taken by the person at fault are not in line with what a normal person would do in similar circumstances.

A doctor, for instance, has a variety of professional obligations to his patients, arising from laws of the state and licensing boards. Motorists are required to show care to other drivers and pedestrians to drive in a safe manner and adhere to traffic laws. If a driver violates this obligation of care and results in an accident, the driver is responsible for the injuries suffered by the victim.

A lawyer can use "reasonable individuals" standard to establish that there is a duty of caution and then show that defendant did not comply with this standard in his conduct. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also demonstrate that the defendant's breach was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant might have walked through a red light but that wasn't what caused the accident on your bicycle. In this way, causation is frequently disputed by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. If a plaintiff suffered neck injuries in a rear-end accident the attorney for the plaintiff would argue that the collision caused the injury. Other factors that contributed to the collision, such as being in a stationary car are not considered to be culpable and will not impact the jury's decision on the fault.

For psychological injuries, however, the link between an act of negligence and an affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff had a troubled childhood, poor relationship with his or her parents, was a user of alcohol and drugs or prior unemployment could have a bearing on the severity of the psychological issues he or she suffers after a crash, but the courts generally view these factors as part of the circumstances that caused the accident was triggered, not as a separate cause of the injuries.

It is important to consult an experienced attorney in the event that you've been involved in a serious motor accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents commercial and business litigation, as well as personal injury cases. Our lawyers have established working relationships with independent doctors across a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In Motor Vehicle Accident Attorneys vehicle litigation, a person can be able to recover both economic and noneconomic damages. The first category of damages is the costs of monetary value that can be easily added together and calculated into a total, such as medical treatment, lost wages, repairs to property, and even future financial losses, such as loss of earning capacity.

New York law also recognizes the right to seek non-economic damages like pain and suffering as well as loss of enjoyment of life which cannot be reduced to a dollar amount. These damages must be established 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 that involve multiple defendants, Courts will often use the rules of comparative negligence to determine the percentage of damages awarded should be divided between them. The jury must determine the degree of fault each defendant was responsible for the accident and then divide the total amount of damages by the percentage of fault. New York law however, does not permit this. 1602 disqualifies vehicle owners from the rule of comparative negligence in cases where injuries are suffered by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissiveness applies is complex and typically only a convincing evidence that the owner was explicitly did not have permission to operate his car will overcome it.