motor vehicle accident attorney Vehicle Litigation

When liability is contested in court, it becomes necessary to file a lawsuit. The Defendant will then have the chance to respond to the complaint.

New York follows pure comparative fault rules, which means that when a jury finds you to be the cause of the accident the damages awarded will be reduced by your percentage of negligence. This rule is not applicable 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 had the duty of care toward them. Almost everybody owes this duty to everyone else, but those who take the driving wheel of a motorized vehicle are obligated to other people in their field of activity. This includes not causing accidents in motor vehicles.

Courtrooms evaluate an individual's behavior to what a typical person would do under the same circumstances to determine what constitutes a reasonable standard of care. In the event of medical malpractice expert witnesses are typically required. People with superior knowledge in particular fields may be held to a higher standard of medical care.

If a person violates their duty of care, it may cause injury to the victim or their property. The victim must then show that the defendant's infringement of their duty caused the injury and damages that they suffered. Causation is a key element of any negligence claim. It requires proving both the proximate and actual causes of the injuries and damages.

If someone is driving through a stop sign and fails to obey the stop sign, they could be struck by a vehicle. If their car is damaged, they will need to pay for repairs. But the actual cause of the accident could be a cut in a brick that later develops into a potentially dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that must be proved in order to secure compensation in a personal injury suit. A breach of duty occurs when the actions of the person at fault do not match what a reasonable person would do in similar circumstances.

For example, a doctor has several professional obligations to his patients based on state law and licensing boards. Drivers are bound to be considerate of other drivers and pedestrians, as well as to respect traffic laws. When a driver breaches this duty of care and causes an accident, Motor Vehicle Accident Attorney he is accountable for the victim's injuries.

A lawyer can use "reasonable people" standard to prove that there is a duty of care and then prove that the defendant failed to meet this standard in his conduct. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also establish that the defendant's breach of duty was the proximate cause of his or her injuries. It can be more difficult to prove this than a breach of duty. For example an individual defendant could have crossed a red line, but his or her action wasn't the proximate reason for your bicycle crash. In this way, causation is often contested by defendants in collision cases.

Causation

In motor vehicle accident Attorney vehicle accidents, the plaintiff must prove a causal link between breach of the defendant and the injuries. If a plaintiff suffers neck injuries as a result of a rear-end accident, his or her attorney will argue that the incident caused the injury. Other elements that are required in causing the collision such as being in a stationary vehicle are not culpable and will not affect the jury's determination of liability.

It is possible to establish a causal connection between a negligent act, and the plaintiff's psychological symptoms. 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 alcohol or drugs.

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 in representing clients in grafton motor vehicle accident attorney vehicle accident commercial and business litigation, and personal injury cases. Our lawyers have developed working relationships with independent doctors in a variety of specialties, as well experts in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first category of damages includes all monetary costs which can easily be summed up and summed up into a total, such as medical expenses as well as lost wages, repairs to property, and even financial losses, such as diminished earning capacity.

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

In cases that involve multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the damages awarded should be divided between them. The jury will determine the amount of fault each defendant has for the accident, and divide the total amount of damages awarded by that percentage. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of these trucks and cars. The resulting analysis of whether the presumption of permissive use applies is complicated and typically only a clear proof that the owner was explicitly denied permission to operate the vehicle will overcome it.