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Motor Vehicle Litigation

When a claim for liability is litigated in court, it becomes necessary to start a lawsuit. The defendant is entitled to respond to the complaint.

New York has a pure comparative negligence rule. This means that in the event that a jury determines that you were at fault for an accident the amount of damages you will be reduced based on your percentage of blame. This rule does not apply to the owners of vehicles that are which are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must prove that the defendant was bound by the duty of care towards them. The majority of people owe this obligation to everyone else, but those who are behind the car have an even higher duty to others in their area of operation. This includes ensuring that they do not cause car accidents.

Courtrooms evaluate an individual's behavior with what a normal person would do under similar circumstances to establish what is an acceptable standard of care. This is why expert witnesses are frequently required in cases of medical malpractice. Experts with a higher level of expertise in a particular field may be held to an even higher standard of care than other people in similar situations.

A person's breach of their duty of care can cause harm to the victim or their property. The victim must prove that the defendant acted in breach of their duty of care and caused the injury or damages they suffered. Causation is an essential element of any negligence claim. It involves proving the proximate and actual causes of the injuries and damages.

If someone is driving through an intersection, they are likely to be struck by another vehicle. If their car is damaged they'll be accountable for repairs. But the reason for the accident could be a cut in a brick that later develops into a deadly infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. The breach of duty must be proved for compensation for a personal injury claim. A breach of duty happens when the actions of the person at fault aren't in line with what an average person would do in similar circumstances.

A doctor, for instance, has several professional obligations to his patients that are governed by the law of the state and licensing boards. Drivers have a duty to take care of other drivers and pedestrians, as well as to adhere to traffic laws. Any driver who fails to adhere to this duty and results in an accident is responsible for the victim's injuries.

A lawyer may use the "reasonable person" standard to establish the existence of the duty of care, and then prove that the defendant failed to meet the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also prove that the breach of duty of the defendant was the main cause of his or her injuries. It is more difficult to prove this than a breach of duty. A defendant could have run through a red light, but that's not what caused the crash on your bicycle. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle-related cases, the plaintiff must prove that there is a causal connection between the defendant's breach and their injuries. For example, if the plaintiff sustained an injury to his neck in an accident that involved rear-ends and his or her lawyer would argue that the collision caused the injury. Other factors that are needed to produce 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 establish a causal relationship between an act of negligence and the plaintiff's psychological symptoms. The fact that the plaintiff had a troubled childhood, poor relationship with their parents, was a user of alcohol and drugs, or suffered previous unemployment may have some influence on the severity of the psychological problems he or suffers following an accident, but courts generally view these factors as part of the background circumstances that caused the accident in which the plaintiff arose rather than an independent cause of the injuries.

It is crucial to consult an experienced attorney in the event that you've been involved in a serious car accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have established working relationships with independent physicians in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages that plaintiffs can seek in a motor vehicle case include both economic and non-economic damages. The first type of damages comprises any financial costs that are easily added up and calculated as the sum of medical treatment and lost wages, property repair, and even future financial losses, like diminished earning capacity.

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





In the event of multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages to be split between them. The jury will determine the percentage of blame each defendant is responsible for the accident, and divide the total damages awarded by that percentage. New York law however, doesn't allow this. 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are sustained by the drivers of cars or trucks. motor vehicle accident attorneys wisconsin of determining whether the presumption is permissive or not is complex. Most of the time, only a clear demonstration that the owner was not able to grant permission for the driver to operate the vehicle can be sufficient to overturn the presumption.