daleville motor Vehicle accident law Firm Vehicle Litigation

When a claim for liability is litigated, it becomes necessary to bring a lawsuit. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules and, if the jury finds you responsible for a crash the damages awarded will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a negligence lawsuit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. This duty is owed to all, but those who operate a vehicle have an even greater obligation to other drivers in their field. This includes ensuring that they do not cause car accidents.

Courtrooms compare an individual's actions to what a typical individual would do under similar circumstances to determine what constitutes a reasonable standard of care. This is why expert witnesses are often required in cases of medical malpractice. Experts who have a greater understanding of the field could be held to a greater standard of care.

If a person violates their duty of care, it could cause injury to the victim or their property. The victim has to show that the defendant's infringement of their duty resulted in the damage and injury they suffered. Causation is an important part of any negligence claim. It requires proof of both the primary and secondary causes of the damage and injury.

If a driver is caught running an stop sign, they are likely to be hit by another vehicle. If their car is damaged, they'll be responsible for the repairs. But the reason for the crash could be a cut on a brick that later develops into a serious infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proven to win compensation in a personal injury lawsuit. A breach of duty is when the actions of the at-fault person fall short of what a normal person would do in similar circumstances.

For instance, a doctor has several professional obligations to his patients stemming from laws of the state and licensing boards. Motorists have a duty of care to other drivers and pedestrians on the road to be safe and follow traffic laws. When a driver breaches this duty of care and causes an accident, he is liable for the injuries suffered by the victim.

Lawyers can use the "reasonable individuals" standard to show that there is a duty of caution and then show that the defendant failed to meet 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 of 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 been a motorist who ran a red light, but the action wasn't the proximate cause of your bike crash. Causation is often contested in a crash case by defendants.

Causation

In magnolia motor vehicle accident attorney vehicle accidents, the plaintiff must establish that there is a causal connection between the breach by the defendant and their injuries. For instance, if a plaintiff suffered a neck injury from a rear-end collision and their lawyer might argue that the collision was the cause of the injury. Other factors that contributed to the collision, such as being in a stationary car are not culpable and will not affect the jury's determination of fault.

It could be more difficult to establish a causal connection between an act of negligence and the psychological symptoms of the plaintiff. It could be the case that the plaintiff has a troubled 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. Arnold & Clifford LLP attorneys have extensive experience representing clients in oxford motor vehicle accident law firm vehicle accident as well as business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent doctors in various areas of expertise as well as expert witnesses in computer simulations and accident reconstruction.

Damages

The damages a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first type of damages encompasses all financial costs that can easily be added up and then calculated into a total, for example, medical treatments and lost wages, repairs to property, and even financial loss, for brush motor vehicle accident law firm instance loss of earning capacity.

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

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the total damages awarded should be split between them. The jury must determine the percentage of fault each defendant carries for the incident, and divide the total amount of damages awarded by that percentage. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these vehicles and trucks. The analysis to determine whether the presumption of permissiveness is complex. Typically the only way to prove that the owner refused permission to the driver to operate the vehicle will overrule the presumption.