Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant will then have the chance to respond to the complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines that you were at fault for an accident the amount of damages you will be reduced based on your percentage of blame. This rule does not apply to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was bound by the duty of care toward them. Almost everybody owes this duty to everyone else, however individuals who get behind the wheel of a motor vehicle have an even higher duty to the people in their area of operation. This includes ensuring that they don't cause motor vehicle accidents.

In courtrooms the standard of care is established by comparing the actions of an individual to what a normal person would do in similar circumstances. This is why expert witnesses are often required in cases involving medical negligence. People with superior knowledge in the field could be held to a greater standard of medical care.

When a person breaches their duty of care, it could cause harm to the victim and/or their property. The victim has to establish that the defendant's breach of their duty caused the damage and injury they sustained. Causation is a crucial element of any negligence claim. It requires proving both the proximate and actual causes of the injuries and damages.

For example, if someone runs a red stop sign and is stopped, they'll be hit by another car. If their car is damaged, they will be required to pay for repairs. The actual cause of a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proven to win compensation in a personal injury lawsuit. A breach of duty occurs when the at-fault party's actions do not match what reasonable people would do in similar circumstances.

A doctor, for instance, has a variety of professional obligations to his patients based on the law of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians on the road to drive safely and obey traffic laws. If a motorist violates this obligation of care and causes an accident, he is accountable for the injury suffered by the victim.

A lawyer may use the "reasonable persons" standard to demonstrate that there is a duty of care and then show that defendant did not comply with this standard with his actions. The jury will decide if the defendant met or did not meet the standards.

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 or breach. For instance it is possible that a defendant been a motorist who ran a red light, but the action wasn't the main reason for your bicycle crash. In this way, causation is often contested by the defendants in cases of crash.

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 neck injuries as a result of an accident with rear-end damage the attorney for the plaintiff will argue that the crash caused the injury. Other factors that are necessary in causing the collision like being in a stationary vehicle are not culpable and will not affect the jury's determination of liability.

It is possible to prove a causal link between an act of negligence and the psychological issues of the plaintiff. It may be the case that the plaintiff has had a difficult past, a poor relationship with their parents, or has been a user of drugs or alcohol.

If you've been involved in a serious liberty lake motor vehicle accident lawyer vehicle accident it is essential to consult with 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 cases. Our lawyers have formed relationships with independent physicians across a variety of specialties, expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

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

New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment of life cannot be reduced to cash. However these damages must be proven to exist with the help of extensive evidence, such as deposition testimony of the plaintiff's close friends and family members medical records, as well as other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine the proportion of damages awarded should be split between them. The jury must determine the amount of fault each defendant carries for the incident, and divide the total damages awarded by the percentage. New York law however, doesn't allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of those cars and trucks. 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 was not able to grant permission for the driver to operate the vehicle can overcome the presumption.