Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant will then be given the chance 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 damages you incur will be reduced based on your percentage of blame. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence lawsuit the plaintiff must show that the defendant owed them a duty to exercise reasonable care. The majority of people owe this obligation to everyone else, however individuals who get behind the car are obligated to the other drivers in their zone of operation. This includes ensuring that they don't cause accidents with bellevue motor Vehicle accident law Firm vehicles.

Courtrooms examine an individual's conduct with what a normal person would do under similar circumstances to establish what is an acceptable standard of care. Expert witnesses are frequently required when cases involve medical malpractice. People with superior knowledge in a certain field may be held to a greater standard of treatment.

When a person breaches their duty of care, they could cause damage to the victim as well as their property. The victim then has to show that the defendant violated their duty of care and caused the injury or damage that they suffered. The proof of causation is an essential aspect of any negligence claim and involves looking at both the actual cause of the injury or damages as well as the proximate cause of the injury or damage.

If a driver is caught running a stop sign and fails to obey the stop sign, they could be hit by a car. If their car is damaged they will be responsible for repairs. But the reason for the crash might be a cut on bricks that later develop into a potentially dangerous infection.

Breach of Duty

The second element 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 occurs when the actions of a party who is at fault are not in line with what reasonable people would do in similar circumstances.

For example, a doctor has several professional duties to his patients that are governed by the law of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians on the road to drive safely and observe traffic laws. A driver who breaches this obligation and causes an accident is responsible for the victim's injuries.

A lawyer may use the "reasonable person" standard to prove the existence of the duty of care, and then prove that the defendant failed to meet that 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 negligence was the main 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. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle cases the plaintiff must prove an causal link between breach by the defendant and their injuries. If a plaintiff suffered neck injuries as a result of an accident that involved rear-end collisions then his or her attorney will argue that the crash caused the injury. Other elements that could have caused the collision, like being in a stationary vehicle, are not culpable, and won't affect the jury's decision on the fault.

It can be difficult to prove a causal link between a negligent action and the psychological symptoms of the plaintiff. It may be that the plaintiff has a turbulent background, a strained relationship with their parents, or is a user of alcohol or drugs.

If you have been in a serious motor vehicle accident, it is important to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in lynn motor vehicle accident attorney vehicle accidents cases, business and commercial litigation, as well as personal injury cases. Our lawyers have formed relationships with independent physicians in a range of specialties and 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 accident lawsuit vehicle lawsuit include both economic and non-economic damages. The first category of damages is the costs of monetary value that can be easily added together and then calculated into a total, for example, medical expenses as well as lost wages, repairs to property, or even a future financial losses, such as loss of earning capacity.

New York law also recognizes the right to recover non-economic damages, including pain and suffering and loss of enjoyment of life, which cannot be reduced to a dollar amount. However, these damages must be proved to exist using extensive evidence, including deposition testimony from the plaintiff's family members and close friends, medical records, and other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the rules of comparative negligence to determine the proportion of damages awarded should be divided between them. The jury must decide the amount of fault each defendant has for the accident, and divide the total amount of damages awarded by the percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of these trucks and Oxnard motor vehicle accident attorney cars. The process to determine if the presumption is permissive or not is complex. Typically, only a clear demonstration that the owner was not able to grant permission for the driver to operate the vehicle can be able to overcome the presumption.