motor vehicle law Vehicle Litigation

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

New York has a pure comparative negligence rule. This means that, when a jury finds you to be at fault for Motor Vehicle Litigation an accident and you are found to be at fault, your damages will be reduced based on your percentage of fault. This rule does not apply to owners of vehicles 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 toward them. Nearly everyone owes this obligation to everyone else, but those who are behind the wheel of a motor vehicle law vehicle have a higher obligation to other people in their field of operation. This includes ensuring that they do not cause accidents in motor vehicle law vehicles.

In courtrooms, the standard of care is determined by comparing an individual's conduct with what a typical person would do in the same conditions. In the event of medical malpractice expert witnesses are typically required. People who have superior knowledge in a particular field may also be held to a higher standard of care than other individuals in similar situations.

A person's breach of their duty of care could 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 have suffered. Causation is a key element of any negligence claim. It requires proof of both the primary and secondary causes of the injury and damages.

For example, if someone runs a red stop sign, it's likely that they'll be hit by another car. If their vehicle is damaged, they will need to pay for repairs. The real cause of an accident could be a brick cut that develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proven to win compensation in a personal injury claim. A breach of duty occurs when the actions of the at-fault party do not match what an ordinary person would do under similar circumstances.

A doctor, for example, has a number of professional duties towards his patients that are derived from laws of the state and licensing bodies. Drivers are required to protect other motorists and pedestrians, and obey traffic laws. If a driver fails to comply with this obligation of care and creates an accident, he is accountable for the injury suffered by the victim.

A lawyer can use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then show that the defendant failed to meet the standard in his actions. It is a question of fact for the jury to decide whether the defendant fulfilled the standard or not.

The plaintiff must also prove that the defendant's breach was the main cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example it is possible that a defendant run a red light but it's likely that his or her actions was not the sole cause of your bike crash. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. For instance, if the plaintiff suffered neck injuries as a result of a rear-end collision, his or her lawyer could argue that the accident caused the injury. Other factors that are necessary for the collision to occur, like being in a stationary car, are not considered to be culpable and therefore do not affect the jury's decision of liability.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It could be that the plaintiff has had a difficult past, has a bad relationship with their parents, or has been a user of drugs or alcohol.

If you've been involved in an accident involving a motor vehicle that was serious, it is important to speak with 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 lawsuit vehicle accident cases. Our lawyers have established working relationships with independent doctors in a wide range of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

In motor vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first type of damages covers any monetary expenses that can be easily added to calculate the sum of medical expenses and lost wages, property repair and even future financial losses such as diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment of living cannot be reduced to financial value. These damages must be proved through extensive evidence like depositions of family members or friends of the plaintiff medical records, as well as 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 award should be allocated between them. The jury has to determine the amount of fault each defendant is responsible for the incident, and divide the total amount of damages awarded by the percentage. New York law however, does not allow for this. 1602 does not exempt vehicle owners from the comparative negligence rule 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 usually only a convincing evidence that the owner was explicitly refused permission to operate the vehicle will be able to overcome it.