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Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant is entitled to respond to the Complaint.

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

Duty of Care

In a case of negligence, the plaintiff must show that the defendant had the duty of care towards them. Almost everybody owes this duty to everyone else, however those who sit behind the wheel of a motor vehicle have a greater obligation to the other drivers in their zone of operation. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms evaluate an individual's behavior to what a typical individual would do in the same circumstances to determine an acceptable standard of care. In the event of medical malpractice, expert witnesses are usually required. Experts who are knowledgeable in a particular field may also be held to a 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 demonstrate that the defendant did not fulfill their duty of care and caused the injury or damage they sustained. Causation is an important part of any negligence claim. It requires proving both the actual and proximate causes of the damage and injury.

For instance, if a person is stopped at a red light then it's likely that they'll be hit by a vehicle. If their car is damaged they'll 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 aspect of negligence is the breach of duty committed by the defendant. This must be proven in order to receive compensation in a personal injury case. A breach of duty is when the actions of the person at fault are not in line with what an ordinary person would do in similar circumstances.

A doctor, for example, has a number of professional duties towards his patients. These obligations stem from state law and licensing bodies. Motorists have a duty of care to other drivers and pedestrians on the road to drive safely and obey traffic laws. If a driver violates this obligation of care and creates an accident, he is liable for the injury suffered by the victim.





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

The plaintiff must also establish that the breach of duty by the defendant was the main cause of the injuries. It is more difficult to prove this than a breach of duty. For motor vehicle accident law firm edmond could have crossed a red line, but it's likely that his or her actions was not the primary cause of your bicycle crash. Because of this, causation is often contested by defendants in collision cases.

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 suffers neck injuries as a result of an accident with rear-end damage the attorney for the plaintiff would argue that the collision was the cause of the injury. Other factors that are needed to produce the collision, like being in a stationary car, are not considered to be culpable and therefore do not affect the jury's determination of liability.

It could be more difficult to prove a causal link between a negligent action and the psychological issues of the plaintiff. It may be because the plaintiff has a turbulent background, a strained relationship with their parents, or has used alcohol or drugs.

If you have been in an accident that is serious to your vehicle, it is important to consult with an experienced attorney. 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 a variety of areas of expertise as well as experts in computer simulations and accident reconstruction.

Damages

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

New York law recognizes that non-economic damages like pain and suffering, and loss of enjoyment of life, cannot be reduced to cash. These damages must be established with a large amount of evidence, such as depositions from family members and friends of the plaintiff or medical records, or other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages awarded should be split between them. This requires the jury to determine the degree of fault each defendant incurred in the accident and to then divide the total amount of damages by that percentage of blame. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are sustained by the drivers of trucks or cars. The subsequent analysis of whether the presumption that permissive use applies is complex, and typically only a convincing evidence that the owner has explicitly refused permission to operate the vehicle will be able to overcome it.