Motor Vehicle Litigation

When liability is contested in court, it becomes necessary to start a lawsuit. The defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds you to be responsible for an accident and you are found to be at fault, your damages will be reduced according to your percentage of blame. This rule does not apply to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence lawsuit the plaintiff has to prove that the defendant owed them a duty to exercise reasonable care. This duty is owed by everyone, but people who operate a vehicle have an even higher duty to others in their field. This includes ensuring that there are no accidents in oxford motor vehicle accident law firm vehicles.

Courtrooms compare an individual's actions to what a typical person would do in the same conditions to determine a reasonable standard of care. In the case of medical malpractice experts are typically required. Experts with more experience in particular fields may be held to a higher standard of treatment.

A person's breach of their duty of care could cause injury to a victim or their property. The victim is then required to show that the defendant violated their duty and caused the injury or damage that they suffered. The proof of causation is an essential part of any negligence case and involves looking at both the actual basis of the injury or damages as well as the proximate reason for the damage or injury.

If a person is stopped at the stop sign and fails to obey the stop sign, they could be hit by a car. If their vehicle is damaged, they'll need to pay for repairs. But the actual cause of the accident could be a cut from bricks that later develop into a deadly infection.

Breach of Duty

The second element of negligence is the breach of duty by an individual defendant. This must be proved for compensation for personal injury claims. A breach of duty occurs when the actions of the at-fault person fall short of what a normal person would do under similar circumstances.

For instance, a doctor has several professional duties to his patients that are governed by the law of the state and licensing boards. Motorists are required to show care to other drivers and pedestrians to drive safely and obey traffic laws. Drivers who violate this duty and causes an accident is accountable for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then prove that the defendant failed to satisfy the standard through his actions. It is a matter of fact for the jury to decide whether the defendant complied with the standard or not.

The plaintiff must also establish that the breach of duty by the defendant was the main cause of the injuries. This can be more difficult to prove than the existence of a duty and breach. For example it is possible that a defendant run a red light but the action wasn't the main reason for your bicycle crash. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffered a neck injury in a rear-end collision then his or her attorney would argue that the accident was the cause of the injury. Other elements that could have caused the collision, like being in a stationary car are not considered to be culpable and will not impact the jury's decision to determine the cause of the accident.

It may be harder to establish a causal link between a negligent act and the plaintiff's psychological symptoms. The fact that the plaintiff suffered from a an uneasy childhood, a bad relationship with his or her parents, was a user of alcohol and magnolia Motor vehicle accident lawsuit drugs or previous unemployment may have some influence on the severity the psychological issues she suffers after a crash, but the courts typically consider these factors as part of the context that caused the accident occurred, rather than as an independent cause of the injuries.

If you've been involved in an accident that is serious to your vehicle, it is important to speak with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accidents commercial and business litigation, and personal injury cases. Our lawyers have formed working relationships with independent doctors in various specialties, as well experts in computer simulations and reconstruction of accident.

Damages

The damages plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first type of damages is any monetary costs that can be easily added to calculate the sum of medical treatment and lost wages, property repairs, and even future financial losses, such as diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment cannot be reduced to financial value. These damages must be established through extensive evidence such as depositions of family members or friends of the plaintiff or medical records, or other expert witness testimony.

In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages awarded should be divided between them. The jury will determine the amount of fault each defendant is responsible for the incident, Vimeo and divide the total amount of damages awarded by the same percentage. New York law however, does not allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of these vehicles and trucks. The subsequent analysis of whether the presumption of permissiveness applies is complex, and typically only a clear proof that the owner specifically did not have permission to operate his car will be sufficient to overcome it.