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Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines you to be at fault for an accident and you are found to be at fault, your damages will be reduced according to your percentage of fault. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant owed a duty of care towards them. The majority of people owe this obligation to everyone else, however those who are behind the car have a greater obligation to the other drivers in their zone of operation. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms evaluate an individual's behavior with what a normal person would do under similar circumstances to determine an acceptable standard of care. In the case of medical malpractice experts are often required. motor vehicle accident attorney green bay who have superior knowledge in a particular field can also be held to an even higher standard of care than other individuals in similar situations.

A breach of a person's obligation of care can cause harm to a victim, or their property. The victim has to show that the defendant's infringement of their duty led to the damage and injury they suffered. Proving causation is a critical aspect of any negligence case, and it involves taking into consideration both the real basis of the injury or damages as well as the cause of the injury or damage.

For example, if someone is stopped at a red light then it's likely that they will be hit by another car. If their car is damaged they'll be accountable for the repairs. The cause of the crash could be a brick cut that causes an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved in order to receive compensation in a personal injury suit. A breach of duty happens when the at-fault party's actions aren't in line with what reasonable people would do in similar circumstances.

A doctor, for instance has a variety of professional duties towards his patients. These obligations stem from state law and licensing bodies. Motorists are required to show care to other motorists and pedestrians on the road to drive safely and observe traffic laws. If a driver violates this duty of care and causes an accident, he is accountable for the injuries suffered by the victim.

A lawyer may use the "reasonable persons" standard to demonstrate that there is a duty of prudence and then demonstrate that defendant failed to meet this standard with his actions. It is a question of fact that the jury has to decide whether the defendant complied with the standard or not.

The plaintiff must also prove that the defendant's breach was the main cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant could have run through a red light however, that's not the reason for the bicycle accident. For this reason, the causation issue is often contested by defendants in collision cases.





Causation

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

It could be more difficult to prove a causal link between an act of negligence and the psychological symptoms of the plaintiff. The fact that the plaintiff has a an uneasy childhood, a bad relationship with their parents, experimented with alcohol and drugs or had prior unemployment could have a impact on the severity of the psychological problems he or she suffers after an accident, however, the courts typically consider these factors as part of the context that caused the accident occurred, rather than as an independent reason for the injuries.

If you've been involved in an accident that is serious to your vehicle it is crucial to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accident, commercial and business litigation, and personal injury cases. Our lawyers have established working relationships with independent physicians in a variety of specialties, as well as experts in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a person can seek both economic and noneconomic damages. The first type of damages is any monetary costs that are easily added to calculate an amount, like medical expenses and lost wages, property repairs, 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 and loss of enjoyment, which cannot be reduced to a monetary amount. These damages must be established with a large amount of evidence, such as 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 total damages awarded should be divided between them. The jury must determine the percentage of fault each defendant carries for the incident, and divide the total amount of damages awarded by that percentage. However, New York law 1602 excludes vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of cars or trucks. The subsequent analysis of whether the presumption that permissive use applies is complicated, and typically only a clear proof that the owner has explicitly was not granted permission to operate the vehicle will be able to overcome it.