centerton motor vehicle accident law firm Vehicle Litigation

A lawsuit is required when liability is in dispute. The Defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, if a jury finds that you are responsible for an accident, your damages will be reduced according to your percentage of fault. This rule is not applicable to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence suit the plaintiff has to prove that the defendant owed them a duty to act with reasonable care. Almost everybody owes this duty to everyone else, but individuals who get behind the driving wheel of a motorized vehicle have a greater obligation to others in their area of operation. This includes not causing accidents in motor vehicles.

In courtrooms the standard of care is determined by comparing the actions of an individual with what a normal person would do in similar circumstances. In the case of medical malpractice experts are often required. People with superior knowledge in a certain field may be held to a greater standard of treatment.

A person's breach of their obligation of care can cause harm to the victim or their property. The victim must prove that the defendant acted in breach of their duty and caused the harm or damage that they suffered. Causation is a crucial element of any negligence claim. It requires proof of both the actual and proximate causes of the damage and injury.

If someone is driving through an stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their vehicle is damaged, they'll be responsible for the repairs. The cause of an accident could be a fracture in the brick that leads to an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. The breach of duty must be proved in order to be awarded compensation for personal injury claims. A breach of duty occurs when the actions of the party at fault are not in line with what a reasonable person would do in similar circumstances.

For instance, a doctor is a professional with a range of professional obligations to his patients that are derived from the law of the state and licensing bodies. Motorists are required to show care to other motorists and pedestrians to drive safely and observe traffic laws. If a driver violates this duty and causes an accident is responsible for the injuries sustained by the victim.

A lawyer may use the "reasonable individuals" standard to show that there is a duty of caution and then show that defendant did not comply with this 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 demonstrate that the breach by the defendant was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant could have driven through a red light, but that's not the cause of the bicycle accident. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle accidents, the plaintiff must establish an causal link between breach of the defendant and the injuries. For instance, if a plaintiff suffered neck injuries as a result of an accident that involved rear-ends the lawyer might argue that the collision was the cause of the injury. Other factors that are necessary to cause the collision, like being in a stationary vehicle are not culpable and will not affect the jury's decision on the cause of the accident.

It is possible to establish a causal connection between a negligent action and the psychological issues of the plaintiff. The reality that the plaintiff experienced a troubles in his or her childhood, had a difficult relationship with his or her parents, was a user of drugs and alcohol or experienced previous unemployment may have some impact on the severity of the psychological issues she suffers after an accident, but courts typically consider these factors as part of the background circumstances from which the plaintiff's accident resulted rather than an independent reason for the injuries.

If you have been in a serious motor vehicle accident it is essential to speak with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, and gastonia motor vehicle accident law firm vehicle accident cases. Our lawyers have formed working relationships with independent physicians in a variety of specialties, as well as experts in computer simulations and reconstruction of accidents.

Damages

In youngtown motor vehicle accident law firm vehicle litigation, a plaintiff could get both economic and non-economic damages. The first category of damages covers all financial costs that are easily added together and then calculated into the total amount, which includes medical treatment or lost wages, repair to property, and even financial loss, like the loss of earning capacity.

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

In the event of multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages to be split between them. The jury must determine how much responsibility 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 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of the vehicles. The subsequent analysis of whether the presumption of permissive usage applies is complicated and typically only a clear proof that the owner was explicitly was not granted permission to operate the vehicle will be able to overcome it.