Motor Vehicle Litigation

If the liability is challenged and the liability is disputed, it is necessary to make a complaint. The Defendant has the right to respond to the Complaint.

New York follows pure comparative fault rules, which means that when a jury finds you responsible for the crash the damages awarded will be reduced by the percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence lawsuit the plaintiff must show that the defendant owed them a duty to exercise reasonable care. This duty is owed by everyone, but people who operate a vehicle owe an even higher duty to other people in their field. This includes ensuring that they do not cause accidents with fallon motor vehicle accident law firm vehicles.

In courtrooms the standard of care is established by comparing an individual's behavior against what a normal individual would do under similar conditions. Expert witnesses are often required when cases involve medical malpractice. People with superior knowledge in specific fields could be held to a higher standard of care.

A breach of a person's duty of care may cause harm to the victim or their property. The victim is then required to prove that the defendant's breach of their duty caused the injury and damages that they have suffered. Proving causation is an essential element in any negligence case, and it involves looking at both the actual causes of the injury damages as well as the reason for the injury or damage.

If someone runs an stop sign then they are more likely to be hit by another vehicle. If their vehicle is damaged, they'll be responsible for the repairs. The reason for the accident could be a cut or a brick that later develops into a dangerous 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 claim. A breach of duty is when the actions taken by the at-fault party are insufficient to what an ordinary person would do under similar circumstances.

For instance, a physician has several professional duties to his patients, arising from laws of the state and licensing boards. Drivers are required to protect other motorists and pedestrians, and to adhere to traffic laws. When a driver breaches this obligation of care and creates an accident, he is accountable for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of the duty of care, and then prove that the defendant failed to meet that standard in his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also prove that the breach by the defendant was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant could have driven through a red light but that's not what caused your bicycle accident. In this way, the causation issue is often contested by the defendants in cases of crash.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and his or her injuries. For instance, if a plaintiff sustained neck injuries as a result of an accident that involved rear-ends and their lawyer would argue that the accident caused the injury. Other elements that are required to cause the collision, like being in a stationary car, are not culpable and do not affect the jury's decision of the liability.

It may be harder to establish a causal link between a negligent act, and the plaintiff's psychological problems. It may be the case that the plaintiff has a turbulent past, has a bad relationship with their parents, or has been a user of alcohol or drugs.

It is important to consult an experienced lawyer when you've been involved in a serious Columbus Motor Vehicle Accident Lawyer accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in maple grove motor vehicle accident law firm vehicle accident, commercial and business litigation, as well as personal injury cases. Our lawyers have established working relationships with independent doctors in many specialties as well as expert witnesses in computer simulations and accident reconstruction.

Damages

The damages a plaintiff may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages includes any monetary costs that can be easily added to calculate a sum, such as medical expenses loss of wages, property repairs, and even future financial losses like a 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 of life which cannot be reduced to a monetary amount. However these damages must be proven to exist by a variety of 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 where there are multiple defendants, Courts will often use the rules of comparative negligence to determine the percentage of damages awarded should be split between them. This requires the jury to determine how much fault each defendant was at fault for the accident and then divide the total damages awarded by that percentage of the fault. However, New York law 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries sustained by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use applies is not straightforward, and typically only a clear showing that the owner specifically refused permission to operate the car will overcome it.