What s Holding Back The Motor Vehicle Legal Industry

Motor Vehicle Litigation

A lawsuit is required when liability is contested. The defendant has the option to respond to the complaint.

New York follows pure comparative fault rules, which means that when a jury finds that you are responsible for causing an accident the amount of damages awarded will be reduced by the percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are rented or leased by minors.

Duty of Care

In a lawsuit for negligence the plaintiff has to prove that the defendant owed them a duty to act with reasonable care. The majority of people owe this obligation to everyone else, but individuals who get behind the steering wheel of a motor vehicle Accident law firm vehicle have a higher obligation to others in their area of operation. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms examine an individual's conduct to what a typical individual would do under similar circumstances to determine what constitutes a reasonable standard of care. In cases of medical malpractice expert witnesses are typically required. Experts with more experience in particular fields may be held to a higher standard of treatment.

A breach of a person's duty of care can cause injury to a victim or their property. The victim then has to prove that the defendant acted in breach of their obligation and caused the damage or damages they suffered. Causation proof is a crucial element in any negligence case, and it involves looking at both the actual cause of the injury or damages, as well as the causal cause of the damage or injury.

For motor vehicle Accident law firm instance, if a driver runs a red stop sign then it's likely that they'll be hit by a car. If their car is damaged, they'll be responsible for the repairs. But the actual cause of the crash could be a cut in the brick, which then develops into a dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that needs to be proved to obtain compensation in a personal injury lawsuit. A breach of duty happens when the actions of a party who is at fault do not match what a reasonable person would do in similar circumstances.

For instance, a physician is required to perform a number of professional duties for his patients based on laws of the state and licensing boards. Drivers are obliged to care for other drivers and pedestrians, and adhere to traffic laws. When a driver breaches this duty of care and creates an accident, he is accountable for the injuries sustained by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then demonstrate that the defendant did not comply with the standard in his actions. It is a question of fact that the jury has to decide if the defendant fulfilled the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the sole cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant may have run through a red light however, that's not the reason for your bicycle accident. This is why the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must prove that there is a causal connection between the breach by the defendant and their injuries. If the plaintiff sustained a neck injury in a rear-end collision and his or her attorney would argue that the accident was the reason for the injury. Other elements that could have caused the collision, such as being in a stationary car is not culpable and will not impact the jury's determination of the fault.

It is possible to establish a causal link between a negligent act and the plaintiff's psychological problems. It could be the case that the plaintiff has a turbulent past, has a bad relationship with their parents, or is a user of alcohol or drugs.

It is important to consult an experienced lawyer if you have been involved in a serious accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have established relationships with independent physicians in a range of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well as with private investigators.

Damages

The damages that plaintiffs can seek in motor vehicle litigation include both economic and non-economic damages. The first type of damages covers any monetary costs that can easily be added to calculate the sum of medical expenses, lost wages, property repair, and even future financial losses such as diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, including suffering and pain, as well as loss of enjoyment of life which cannot be reduced to a dollar amount. These damages must be established through extensive evidence like depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of damages that must be divided between them. The jury must determine the amount of fault each defendant had for the accident and then divide the total damages awarded by that percentage of blame. New York law however, does not allow for this. 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries caused by drivers of cars or trucks. The process to determine if the presumption is permissive is complex. Typically the only way to prove that the owner refused permission to the driver to operate the vehicle will be sufficient to overturn the presumption.