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Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant will then be given the opportunity 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 are responsible for an accident the damages you incur will be reduced according to your percentage of fault. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a negligence lawsuit the plaintiff must demonstrate that the defendant owed them a duty to exercise reasonable care. Nearly everyone owes this obligation to everyone else, however those who are behind the driving wheel of a motorized vehicle have a higher obligation to the other drivers in their zone of operation. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms examine an individual's conduct with what a normal person would do under the same circumstances to determine a reasonable standard of care. Expert witnesses are often required in cases involving medical negligence. Experts who have a superior understanding of a specific area may be held to an higher standard of care than others in similar situations.

When someone breaches their duty of care, it can cause damage to the victim as well as their property. The victim is then required to demonstrate that the defendant's violation of their duty caused the harm and damages they have suffered. Causation is a crucial element of any negligence claim. It requires proving both the actual and proximate causes of the injuries and damages.

If someone is driving through the stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their vehicle is damaged, they'll be accountable for repairs. But the actual cause of the accident could be a cut from a brick that later develops into a potentially dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. This must be proved in order to obtain compensation for a personal injury claim. A breach of duty is when the actions taken by the person at fault are insufficient to what a normal person would do under similar circumstances.

A doctor, for example has many professional obligations towards his patients, which stem from the law of the state and licensing authorities. Motorists are required to show care to other drivers and pedestrians on the road to drive safely and observe traffic laws. Drivers who violate this duty and creates an accident is accountable for the victim's injuries.

Lawyers can rely on the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then demonstrate that the defendant failed to meet the standard in his actions. It is a matter of fact that the jury has to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the proximate cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty and breach.  motor vehicle accident lawyer new britain  may have run through a red light, however, that's not the reason for the bicycle accident. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle accidents, the plaintiff must establish a causal link between defendant's breach and their injuries. For example, if the plaintiff sustained an injury to the neck as a result of a rear-end collision, his or her lawyer might claim that the collision caused the injury. Other factors that are essential for the collision to occur, like being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's determination of the liability.

For psychological injuries However, the connection between negligence and the affected plaintiff's symptoms can be more difficult to establish. It may be the case that the plaintiff has a rocky past, has a difficult relationship with their parents, or is a user of alcohol or drugs.

It is imperative to consult an experienced lawyer in the event that you've been involved in a serious motor accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accident, commercial and business litigation, and personal injury cases. Our lawyers have established working relationships with independent physicians in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first category of damages encompasses all monetary costs which are easily added together and summed up into a total, for example, medical treatment and lost wages, repairs to property, and even future financial loss, such diminished earning capacity.

New York law also recognizes the right to recover non-economic damages like the suffering of others and the loss of enjoyment of life, which cannot be reduced to a dollar amount. The damages must be proven through extensive evidence such as depositions of family members and friends of the plaintiff, medical records, or other expert witness testimony.

In the event of multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages to be divided between them. This requires the jury to determine how much responsibility each defendant was at fault for the accident, and then divide the total damages awarded by the percentage of the fault. New York law however, does not permit this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of cars or trucks. The analysis to determine whether the presumption is permissive is complex. The majority of the time the only way to prove that the owner refused permission to the driver to operate the vehicle will be sufficient to overturn the presumption.