Indisputable Proof You Need Motor Vehicle Legal
Motor Vehicle Litigation
A lawsuit is necessary when the liability is being contested. The defendant then has the chance to respond to the complaint.
New York follows pure comparative fault rules and, if the jury finds you to be the cause of the crash the damages awarded will be reduced by your percentage of negligence. This rule is not applicable to the owners of vehicles that are that are leased or rented to minors.
Duty of Care
In a negligence case, the plaintiff must prove that the defendant owed them a duty to exercise reasonable care. Almost everybody owes this duty to everyone else, however those who sit behind the driving wheel of a motorized vehicle have a greater obligation to other people in their field of activity. This includes ensuring that they do not cause accidents with motor vehicles.
Courtrooms evaluate an individual's behavior to what a typical individual would do in similar circumstances to determine what constitutes an acceptable standard of care. This is why expert witnesses are frequently required in cases involving medical malpractice. Experts who are knowledgeable in a particular field may be held to an even higher standard of care than other individuals in similar situations.
If a person violates their duty of care, it may cause injury to the victim or their property. The victim is then required to establish that the defendant's breach of their duty resulted in the damage and injury they have suffered. Causation is a key element of any negligence claim. It requires proof of both the actual and proximate causes of the damage and injury.
For instance, if a person has a red light there is a good chance that they'll be hit by a car. If their car is damaged they'll be accountable for repairs. But the reason for the crash might be a cut or the brick, which then develops into a dangerous infection.
Breach of Duty
The second aspect of negligence is the breach of duty by the defendant. The breach of duty must be proved in order to receive compensation in a personal injury case. A breach of duty occurs when the actions of the at-fault person are insufficient to what a normal person would do in similar circumstances.
A doctor, for instance, has a variety of professional obligations to his patients that are governed by the law of the state and licensing boards. Drivers are bound to care for other drivers and pedestrians, and to respect traffic laws. A driver who breaches this duty and results in an accident is responsible for the injuries sustained by the victim.
A lawyer can rely on the "reasonable people" standard to demonstrate that there is a duty to be cautious and then demonstrate that defendant failed to meet the standard in his actions. It is a question of fact for the jury to decide whether the defendant was in compliance with the standard or not.
The plaintiff must also prove that the breach of duty by the defendant was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example an individual defendant could have crossed a red light, but the action was not the sole reason for your bicycle crash. Causation is often contested in crash cases by defendants.
Causation
In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. For example, if the plaintiff sustained neck injuries as a result of a rear-end collision, his or her lawyer could argue that the accident caused the injury. Other elements that are required to produce the collision, such as being in a stationary car, are not culpable and do not affect the jury's determination of the liability.
For psychological injuries However, the connection between negligence and the injured plaintiff's symptoms may be more difficult to establish. The reality that the plaintiff experienced a an unhappy childhood, a poor relationship with his or her parents, used alcohol and drugs or prior unemployment could have a influence on the severity the psychological problems he or is suffering from following an accident, but courts typically look at these factors as part of the context that led to the accident from which the plaintiff's injury arose rather than an independent reason for the injuries.
It is crucial to consult an experienced attorney should you be involved in a serious motor vehicle accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have established working relationships with independent physicians in different specialties as well as expert witnesses in computer simulations and reconstruction of accidents.
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In motor vehicle litigation, a person can recover both economic and noneconomic damages. The first type of damages covers any monetary expenses that can be easily added to calculate a sum, such as medical treatment or lost wages, property repairs, and even future financial losses, like diminished earning capacity.
New York law recognizes that non-economic damages, such as suffering and pain, and loss of enjoyment of life are not able to be reduced to cash. However these damages must be proven to exist using extensive evidence, including deposition testimony from plaintiff's close friends and family members, medical records, and other expert witness testimony.
In cases where there are multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages awarded should be divided between them. The jury must decide the amount of fault each defendant has for the incident and then divide the total damages awarded by the percentage. New York law however, does not allow for this. 1602 excludes vehicle owners from the comparative negligence rule in cases where injuries are suffered by drivers of trucks or cars. The method of determining if the presumption is permissive is complicated. In general the only way to prove that the owner refused permission to the driver to operate the vehicle will be able to overcome the presumption.