15 Reasons Why You Shouldn t Ignore Motor Vehicle Legal

motor vehicle accident lawyer Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant has the option to respond to the complaint.

New York follows pure comparative fault rules which means that in the event that a jury finds you to be at fault for Motor vehicle accident causing an accident, your damages award will be reduced by your percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a negligence case the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. This duty is owed to everyone, but people who operate a vehicle owe an even greater obligation to other people in their field. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms compare an individual's actions to what a typical person would do in the same circumstances to determine what constitutes a reasonable standard of care. In the case of medical malpractice, expert witnesses are usually required. Experts who have a superior understanding in a particular field may also be held to a higher standard of care than other people in similar situations.

When a person breaches their duty of care, they could cause injury to the victim or their property. The victim must then prove that the defendant's breach of duty caused the harm and damages they have suffered. Causation is a key element of any negligence claim. It involves proving the actual and proximate causes of the damage and injury.

If someone runs an stop sign it is likely that they will be struck by a vehicle. If their vehicle 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 committed by a defendant. It must be proven for compensation for a personal injury claim. A breach of duty occurs when the actions of the person at fault do not match what a reasonable person would do in similar circumstances.

For instance, a doctor has several professional obligations to his patients, arising from laws of the state and licensing boards. Motorists are required to show care to other drivers and pedestrians to be safe and follow traffic laws. If a driver violates this duty and results in an accident is responsible for the injuries suffered by the victim.

A lawyer can use "reasonable people" standard to demonstrate that there is a duty to be cautious and then demonstrate that defendant did not meet 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 breach of duty by the defendant was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant could have driven through a red light, but that wasn't what caused the crash on your bicycle. This is why causation 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 his or her injuries. For example, if the plaintiff suffered an injury to his neck in an accident that involved rear-ends the lawyer might argue that the collision caused the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle is not culpable and will not impact the jury's decision to determine the degree of fault.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff suffered from a a troubled childhood, poor relationship with their parents, used alcohol and drugs or 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 circumstances that led to the accident from which the plaintiff's injury occurred, rather than as an independent reason for the injuries.

If you have been in a serious motor vehicle accident It is imperative to consult with an experienced attorney. The attorneys 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 a wide range of specialties, expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle accident lawsuits vehicle litigation, a plaintiff may be able to recover both economic and noneconomic damages. The first category of damages covers all costs that can easily be added up and summed up into a total, for example, medical treatments, lost wages, repairs to property, and even financial loss, like loss of earning capacity.

New York law also recognizes the right to recover non-economic damages, such as pain and suffering and loss of enjoyment, which cannot be reduced to a monetary amount. However the damages must be proven to exist through extensive evidence, such as deposition testimony of the plaintiff's family members and close friends medical records, deposition testimony, and 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 divided between them. The jury must determine the degree of fault each defendant was responsible for the incident and then divide the total amount of damages by the percentage of fault. However, New York law 1602 does not exempt vehicle owners from the comparative negligence rule in the event of injuries caused by drivers of cars or trucks. The process to determine if the presumption is permissive is complex. Most of the time it is only a clear evidence that the owner refused permission for the driver to operate the vehicle can overcome the presumption.