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Motor Vehicle Litigation

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

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

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant was bound by the duty of care toward them. This duty is owed by everyone, but people who drive a vehicle owe an even greater duty to other people in their field. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms compare an individual's actions with what a normal person would do in similar circumstances to determine a reasonable standard of care. This is why expert witnesses are frequently required when cases involve medical malpractice. Experts with a higher level of expertise in a specific field could also be held to an even higher standard of care than other individuals in similar situations.

When a person breaches their duty of care, it can cause harm to the victim and/or their property. motor vehicle accident law firm new haven must then show that the defendant's infringement of their duty led to the damage and injury they suffered. Causation is a crucial element of any negligence claim. It involves proving both the primary and secondary causes of the injury and damages.

For instance, if someone runs a red light then it's likely that they'll be hit by a vehicle. If their vehicle is damaged, they'll be responsible for the repairs. The reason for the accident could be a cut on a brick that later develops into a deadly infection.

Breach of Duty

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

For example, a doctor has several professional obligations to his patients stemming from state law 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 injury suffered by the victim.

A lawyer can rely on the "reasonable individuals" standard to show that there is a duty of prudence and then prove that the defendant did not comply with this standard in his conduct. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also prove that the defendant's breach was the primary cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For instance it is possible that a defendant run a red light but the action wasn't the main cause of the crash. Causation is often contested in crash cases by defendants.

Causation

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

It may be harder to prove a causal link between an act of negligence and the plaintiff's psychological symptoms. The fact that the plaintiff has a an unhappy childhood, a poor relationship with their parents, abused alcohol and drugs or had prior unemployment could have a bearing on the severity of the psychological issues he or she suffers after a crash, but the courts typically look at these factors as part of the background circumstances that caused the accident arose rather than an independent reason for the injuries.

If you've been involved in an accident that is serious to your vehicle It is imperative to consult an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors in various specialties, as well experts in computer simulations and reconstruction of accidents.

Damages

The damages plaintiffs can seek in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages is all monetary costs which can easily be summed up and calculated as an overall amount, including medical expenses as well as lost wages, repairs to property, and even financial losses, such as loss of earning capacity.





New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment of life can't be reduced to financial value. However, these damages must be proven to exist using extensive evidence, including deposition testimony of the plaintiff's family members and close friends medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts will typically use the comparative fault rule to determine the amount of damages to be split between them. The jury must determine the degree of fault each defendant incurred in the accident, and then divide the total amount of damages by that percentage of the fault. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of the vehicles. The subsequent analysis of whether the presumption that permissive use applies is not straightforward, and typically only a clear showing that the owner was explicitly denied permission to operate the vehicle will be able to overcome it.