Motor Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The defendant has the option to respond to the complaint.

New York has a pure comparative negligence rule. This means that, when 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 one 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 has to prove that the defendant was bound by a duty of care towards them. This duty is due to all people, however those who operate a vehicle owe an even greater duty to others in their field. This includes not causing accidents in motor vehicles.

In courtrooms the standard of care is determined by comparing an individual's actions with what a normal person would do under similar situations. In the event of medical negligence, Vimeo expert witnesses are usually required. Experts with a superior understanding of the field could be held to a greater standard of treatment.

A breach of a person's duty of care can cause harm to a victim, or their property. The victim must establish that the defendant's breach of their duty resulted in the injury and damages that they have suffered. Causation is a key element of any negligence claim. It requires proof of both the proximate and actual causes of the injury and Vimeo damages.

For instance, if a person runs a red stop sign then it's likely that they'll be struck by a vehicle. If their car is damaged they will be responsible for the repairs. The reason for a crash could be caused by a brick cut that causes an infection.

Breach of Duty

The second element of negligence is the breach of duty by the defendant. This must be proven in order to be awarded compensation in a personal injury case. A breach of duty happens when the at-fault party's actions aren't in line with what an average person would do in similar circumstances.

A doctor, for instance has a variety of professional obligations towards his patients, which stem from state law and licensing bodies. Motorists have a duty of care to other motorists and pedestrians on the road to drive in a safe manner and adhere to traffic laws. A driver who breaches this duty and creates an accident is accountable for the victim's injuries.

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 comply with the standard in his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also prove that the defendant's breach was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant might have walked through a red light, but that wasn't what caused the bicycle accident. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffered an injury to the neck in a rear-end collision then his or her attorney would argue that the accident was the cause of the injury. Other factors that are essential to cause the collision, such as being in a stationary vehicle are not culpable, and do not affect the jury's decision of the liability.

For psychological injuries However, the connection between negligence and the victim's afflictions may be more difficult to establish. It could be that the plaintiff has a rocky past, has a bad relationship with their parents, or has abused alcohol or drugs.

It is essential to speak with an experienced attorney should you be involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident cases, business and commercial litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent doctors in many specialties as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

In aurora motor vehicle accident lawsuit vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first category of damages encompasses all monetary costs which can easily be added up and calculated into an overall amount, including medical expenses as well as lost wages, repairs to property, and even the possibility of future financial loss, Vimeo for instance loss of earning capacity.

New York law recognizes that non-economic damages like pain and suffering, and loss of enjoyment, cannot be reduced to cash. The proof of these damages is through extensive evidence such as depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the total damages awarded should be divided between them. The jury has to determine the amount of fault each defendant is accountable for the accident and then divide the total damages awarded by that percentage. However, New York law 1602 does not exempt vehicle owners from the comparative negligence rule in the event of injuries sustained by drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive usage applies is not straightforward, and typically only a convincing evidence that the owner was explicitly refused permission to operate the car will overcome it.