motor vehicle accident lawyers Vehicle Litigation
When liability is contested, it becomes necessary to make a complaint. The Defendant will then have the opportunity to respond to the complaint.
New York has a pure comparative negligence rule. This means that, in the event that a jury determines you to be at fault for an accident, your damages will be reduced according to your percentage of fault. This rule is not applicable to owners of vehicles that are rented or leased out to minors.
Duty of Care
In a case of negligence, the plaintiff must prove that the defendant had the duty of care towards them. Nearly everyone owes this obligation to everyone else, but individuals who get behind the driving wheel of a motorized vehicle have a higher obligation to the people in their area of operation. This includes ensuring that there are no accidents in motor vehicles.
Courtrooms compare an individual's actions to what a typical person would do under the same circumstances to determine an acceptable standard of care. This is why expert witnesses are frequently required when cases involve medical malpractice. People who have superior knowledge of a specific area may also be held to an higher standard of care than other people in similar situations.
A person's breach of their duty of care could cause injury to a victim or their property. The victim must then establish that the defendant's breach of their duty resulted in the harm and damages they suffered. Causation is an important part of any negligence claim. It involves proving both the actual and proximate causes of the damage and injury.
For instance, if a driver has a red light, it's likely that they'll be struck by another car. If their car is damaged they will be responsible for repairs. The actual cause of a crash could be a fracture in the brick that leads to an infection.
Breach of Duty
The second aspect of negligence is the breach of duty by an individual defendant. This must be proven in order to be awarded compensation for personal injury claims. A breach of duty is when the actions taken by the person at fault are not in line with what a normal person would do under similar circumstances.
For example, a doctor has several professional obligations to his patients that are governed by laws of the state and licensing boards. Drivers are required to take care of other drivers and pedestrians, as well as to follow traffic laws. Drivers who violate this obligation and causes an accident is accountable for the victim's injuries.
A lawyer may use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then show that the defendant did not meet the standard in his actions. It is a matter of fact that the jury has to decide if the defendant was in compliance with the standard or not.
The plaintiff must also prove that the defendant's breach was the primary cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For instance the defendant could have crossed a red light, but the action was not the sole cause of your bike crash. In this way, causation is often challenged by defendants in crash cases.
Causation
In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and the injuries. If a plaintiff suffered an injury to the neck in an accident with rear-end damage and his or her attorney will argue that the incident caused the injury. Other factors that are needed in causing the collision such as being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's determination of liability.
For psychological injuries, however, the link between a negligent act and the affected plaintiff's symptoms can be more difficult to establish. It may be because the plaintiff has a turbulent past, has a difficult relationship with their parents, or has used drugs or alcohol.
If you've been involved in a serious
Motor Vehicle Accident Law Firm vehicle accident It is imperative to consult an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, and
motor vehicle accident lawsuit vehicle crash cases. Our lawyers have formed working relationships with independent doctors in a variety of areas of expertise as well as expert witnesses in computer simulations and reconstruction of accident.
Damages
The damages 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 to calculate the sum of medical treatment loss of wages, property repairs, and even future financial losses like diminished earning capacity.
New York law also recognizes the right to recover non-economic damages,
Motor Vehicle Accident Law Firm including pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a monetary amount. However the damages must be proven to exist using extensive evidence,
Motor Vehicle Accident Law Firm including deposition testimony from plaintiff's family members and close friends, medical records, and other expert witness testimony.
In cases where there are multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages to be split between them. The jury must determine the amount of fault each defendant has for the incident and then divide the total damages awarded by the same percentage. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries suffered by drivers of trucks or cars. The subsequent analysis of whether the presumption that permissive use applies is not straightforward and usually only a convincing evidence that the owner was explicitly denied permission to operate the car will be sufficient to overcome it.