It's A Motor Vehicle Legal Success Story You'll Never Remember

Motor Vehicle Litigation

When liability is contested, it becomes necessary to file a lawsuit. The defendant is entitled to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds you to be responsible for an accident the damages you incur will be reduced based on your percentage of fault. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant was bound by an obligation of care to them. This duty is owed to everyone, but people who drive a vehicle owe an even higher duty to other drivers in their field. This includes not causing accidents in motor vehicles.

Courtrooms assess an individual's actions with what a normal person would do under similar circumstances to determine reasonable standards of care. In cases of medical malpractice experts are often required. People with superior knowledge in particular fields may be held to a higher standard of treatment.

When a person breaches their duty of care, they could cause harm to the victim and/or their property. The victim is then required to establish that the defendant's breach of their duty caused the damage and injury they have suffered. Proving causation is an essential part of any negligence case and requires taking into consideration both the real cause of the injury or damages and the proximate reason for the injury or damage.

For instance, if a driver runs a red stop sign and is stopped, Vimeo they'll be hit by another car. If their vehicle is damaged, they'll need to pay for repairs. However, the real cause of the crash could be a cut or the brick, which then develops into a potentially dangerous infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proved to obtain compensation in a personal injury case. A breach of duty is when the actions taken by the at-fault party fall short of what an ordinary person would do in similar circumstances.

For example, a doctor has a variety of professional obligations to his patients, arising from the law of the state and licensing boards. Drivers are bound to care for other drivers and pedestrians, and to follow traffic laws. Any driver who fails to adhere to this duty and results in an accident is responsible for the injuries sustained by the victim.

A lawyer can use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then show that the defendant did not meet the standard in his actions. The jury will decide if the defendant complied with or did not meet the standards.

The plaintiff must also prove that the defendant's breach was the direct cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For instance, a defendant may have crossed a red light, however, the act was not the primary cause of your bicycle crash. Because of this, causation is often contested by defendants in collision cases.

Causation

In motor vehicle-related cases, the plaintiff must establish that there is a causal connection between the breach by the defendant and their injuries. For instance, if a plaintiff suffered an injury to the neck as a result of a rear-end collision and their lawyer will claim that the collision caused the injury. Other factors that are necessary for the collision to occur, such as being in a stationary vehicle are not culpable and will not affect the jury's determination of the liability.

It could be more difficult to establish a causal connection between an act of negligence and the psychological symptoms of the plaintiff. It may be because the plaintiff has a troubled background, a strained relationship with their parents, or has abused alcohol or drugs.

If you have been in a serious motor vehicle accident it is essential to consult an experienced attorney. The attorneys at Arnold & Clifford, Vimeo LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation and honolulu motor vehicle accident attorney Vimeo vehicle accident cases. Our lawyers have developed working relationships with independent physicians in many areas of expertise as well as experts in computer simulations and accident reconstruction.

Damages

The damages a plaintiff may recover in a eau claire motor vehicle accident lawyer vehicle lawsuit include both economic and non-economic damages. The first category of damages comprises any financial costs that are easily added up and calculated as the sum of medical treatment or lost wages, property repair and even future financial losses, like diminished earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of life, cannot be reduced to financial value. However these damages must be established to exist with the help of extensive evidence, including deposition testimony of the plaintiff's close family members and friends, medical records, and other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages awarded should be split between them. The jury will determine the percentage of blame each defendant carries for the incident and then divide the total amount of damages awarded by that percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these vehicles and trucks. The process to determine if the presumption is permissive is complex. In general the only way to prove that the owner refused permission to the driver to operate the vehicle will overrule the presumption.