Motor Vehicle Litigation
A lawsuit is necessary in cases where liability is challenged. The defendant then has the opportunity to respond to the complaint.
New York follows pure comparative fault rules, which means that when a jury finds you to be at fault for causing the crash, your damages award will be reduced by the percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.
Duty of Care
In a negligence case, the plaintiff has to prove that the defendant was bound by the duty of care toward them. This duty is owed by everyone, but those who operate a vehicle have an even greater obligation to others in their field. This includes not causing accidents in
motor vehicle accident law firm (
http://xilubbs.xclub.tw/) vehicles.
In courtrooms, the standards of care are determined by comparing an individual's behavior with what a normal person would do in similar conditions. Expert witnesses are frequently required in cases of medical malpractice. Experts who are knowledgeable of a specific area may also be held to an even higher standard of care than others in similar situations.
When a person breaches their duty of care, it can cause injury to the victim or their property. The victim then has to show that the defendant violated their duty of care and caused the injury or damage they sustained. Causation proof is a crucial part of any negligence case, and it involves investigating both the primary causes of the injury damages and the proximate cause of the injury or damage.
If a person is stopped at an stop sign it is likely that they will be hit by another vehicle. If their vehicle is damaged, they'll be responsible for repairs. But the reason for the crash might be a cut in a brick that later develops into a potentially dangerous infection.
Breach of Duty
A defendant's breach of duty is the second element of negligence that must be proven to win compensation in a personal injury case. A breach of duty occurs when the at-fault party's actions fall short of what a reasonable person would do in similar circumstances.
A doctor, for
Motor Vehicle Accident Law Firm instance, has a number of professional duties towards his patients that are derived from laws of the state and licensing bodies. Motorists owe a duty of care to other drivers and pedestrians to drive safely and observe traffic laws. If a driver violates this duty of care and results in an accident, the driver is liable for the victim's injuries.
A lawyer can rely on the "reasonable person" standard to prove the existence of the duty of care, and then prove that the defendant did not meet the standard in his actions. The jury will decide if the defendant complied with or did not meet the standard.
The plaintiff must also prove 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, however, that's not the reason for the accident on your bicycle. Causation is often contested in a crash case by defendants.
Causation
In motor vehicle cases the plaintiff must prove a causal link between breach of the defendant and the injuries. For instance, if a plaintiff suffered neck injuries as a result of a rear-end collision and their lawyer would claim that the collision caused the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle are not considered to be culpable and won't affect the jury's decision to determine the cause of the accident.
It could be more difficult to prove a causal link between a negligent act and the plaintiff's psychological symptoms. It may be that the plaintiff has a turbulent past, a poor relationship with their parents, or has abused drugs or alcohol.
If you have been in an accident involving a motor vehicle that was serious it is crucial to consult with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in
motor vehicle accidents, commercial and business litigation, and personal injury cases. Our lawyers have established working relationships with independent physicians in different specialties, as well experts in computer simulations and reconstruction of accident.
Damages
In motor vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first category of damages is any monetary costs that can be easily added up and calculated as the sum of medical treatment loss of wages, property repair and even future financial losses, like diminished earning capacity.
New York law also recognizes the right to recover non-economic damages such as suffering and pain, as well as loss of enjoyment of life, which cannot be reduced to a dollar amount. These damages must be proved with a large amount of evidence, such as depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.
In cases where there are multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages awarded should be split between them. The jury will determine the percentage of fault each defendant is accountable for the accident, and divide the total damages awarded by the same percentage. New York law however, does not allow for this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of the vehicles. The process of determining whether the presumption of permissiveness is complicated. The majority of the time it is only a clear evidence that the owner did not grant permission for the driver to operate the vehicle can overcome the presumption.