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Motor Vehicle Litigation

If the liability is challenged, it becomes necessary to start a lawsuit. The defendant then has the chance 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 the cause of an accident the damages awarded to you will be reduced by your percentage of negligence. There is a slight exception to this rule: motor vehicle accident attorney CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors.

Duty of Care

In a lawsuit for negligence, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. Almost everybody owes this duty to everyone else, however those who are behind the driving wheel of a motorized vehicle have an even higher duty to the other drivers in their zone of activity. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms evaluate an individual's behavior to what a typical person would do under similar circumstances to establish what is a reasonable standard of care. This is why expert witnesses are often required in cases of medical malpractice. People with superior knowledge in the field could be held to a higher standard of care.

If someone violates their duty of care, it could cause damage to the victim as well as their property. The victim has to show that the defendant violated their obligation and caused the damage or damage that they suffered. Causation proof is a crucial part of any negligence case and involves investigating both the primary reason for the injury or damages, as well as the causal cause of the damage or injury.

For instance, if someone runs a red stop sign, it's likely that they will be hit by a car. If their vehicle is damaged, they'll be required to pay for repairs. The real cause of the crash could be a brick cut that causes an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. This must be proven in order to receive compensation for personal injury claims. A breach of duty is when the actions of the at-fault party do not match what a normal person would do under similar circumstances.

For instance, a doctor has several professional duties to his patients that are governed by state law and licensing boards. Motorists owe a duty care to other drivers and pedestrians on the road to be safe and follow traffic laws. If a motorist violates this obligation of care and causes an accident, he is responsible for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of a duty of care and then demonstrate that the defendant failed to meet that 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 defendant's breach of duty was the proximate cause of the injuries. It is more difficult to prove this than a breach of duty. A defendant could have driven through a red light, but that's not the cause of the bicycle accident. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. If the plaintiff suffered a neck injury in a rear-end accident and his or her attorney will argue that the crash was the cause of the injury. Other elements that could have caused the collision, like being in a stationary vehicle is not culpable and will not influence the jury's determination of the cause of the accident.

It is possible to establish a causal relationship between an act of negligence and the plaintiff's psychological problems. The reality that the plaintiff experienced a an unhappy childhood, a poor relationship with their parents, experimented with alcohol and drugs, or suffered prior unemployment could have a bearing on the severity of the psychological issues he or suffers following an accident, but courts typically view these elements as part of the circumstances that led to the accident from which the plaintiff's injury arose rather than an independent cause of the injuries.

It is important to consult an experienced attorney when you've been involved in a serious motor vehicle accident attorney (read this blog article from web011.dmonster.kr) accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and motor vehicle Accident attorney commercial litigation, and motor vehicle accident cases. Our lawyers have established working relationships with independent physicians in many specialties, as well as 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 covers any monetary costs that can be easily added to calculate the sum of medical treatment or lost wages, property repair and even future financial losses, like a diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment are not able to be reduced to financial value. These damages must be established by a wide array of evidence, including depositions of family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the total damages awarded should be divided between them. The jury will determine the proportion of fault each defendant is accountable for the incident, and divide the total damages awarded by the percentage. New York law however, doesn't allow this. 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use is applicable is a bit nebulous, and typically only a clear evidence that the owner was explicitly did not have permission to operate his car will overcome it.