marana motor vehicle accident law firm Vehicle Litigation

When liability is contested, it becomes necessary to make a complaint. The defendant has the option to respond to the complaint.

New York follows pure comparative fault rules, which means that when a jury finds that you are responsible for Vimeo causing an accident the amount of damages awarded will be reduced by the percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant had an obligation of care to them. This duty is due to everyone, but those who drive a vehicle owe an even greater obligation to other drivers in their field. This includes ensuring that there are no accidents in motor vehicles.

In courtrooms, the standard of care is established by comparing the actions of an individual with what a typical person would do in the same conditions. This is why expert witnesses are often required in cases of medical malpractice. Experts with a higher level of expertise of a specific area may be held to a higher standard of care than other people in similar situations.

A person's breach of their duty of care may cause harm to a victim or their property. The victim has to prove that the defendant acted in breach of their duty of care and caused the injury or damages they sustained. Causation is a crucial element of any negligence claim. It involves proving the actual and vimeo proximate causes of the injuries and damages.

If someone runs the stop sign it is likely that they will be hit by another vehicle. If their vehicle is damaged, they'll be accountable for repairs. But the reason for the accident could be a cut from bricks that later develop into a deadly infection.

Breach of Duty

A defendant's breach of duty is the second aspect of negligence that has to be proved to obtain compensation in a personal injury case. A breach of duty occurs when the at-fault party's actions aren't in line with what an average person would do in similar circumstances.

For instance, a doctor is a professional with a range of professional obligations to his patients. These professional obligations stem from laws of the state and licensing bodies. Motorists are required to show care to other drivers and pedestrians on the road to be safe and follow traffic laws. If a motorist violates this duty of care and results in an accident, the driver is accountable for the victim's injuries.

A lawyer may use the "reasonable person" standard to prove the existence of the duty of care and then demonstrate that the defendant did not comply with the standard in his actions. It is a question of fact that the jury has to decide whether the defendant complied with the standard or not.

The plaintiff must also establish that the breach of duty of the defendant was the primary cause of his or her injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have driven through a red light but that wasn't what caused the accident on your bicycle. For this reason, causation is often challenged by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the breach by the defendant and their injuries. If the plaintiff suffered neck injuries in an accident that involved rear-end collisions then his or her attorney will argue that the crash caused the injury. Other factors that are needed to produce the collision, such as being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's determination of liability.

It is possible to establish a causal link between an act of negligence and the psychological issues of the plaintiff. It could be that the plaintiff has had a difficult past, has a difficult relationship with their parents, or has used alcohol or drugs.

If you have been in a serious motor vehicle crash it is crucial to consult with an experienced attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation, and motor vehicle accident lawsuit vehicle crash cases. Our lawyers have established working relationships with independent medical professionals across a variety of specialties and expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first category of damages is any monetary costs that can be easily added up and calculated as the sum of medical expenses and lost wages, property repairs, and even future financial losses, like a decrease in earning capacity.

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

In cases involving 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 has to determine the percentage of fault each defendant carries for the incident, and divide the total damages awarded by that percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of the vehicles. The method of determining if the presumption of permissiveness is complicated. Typically, only a clear demonstration that the owner denied permission for the driver to operate the vehicle will be sufficient to overturn the presumption.