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5 Tools That Everyone Working Involved In Motor Vehicle Legal Industry Should Be Using
Motor Vehicle Litigation

When liability is contested in court, it becomes necessary to make a complaint. The defendant then has the opportunity 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 the damages you incur will be reduced based on your percentage of blame. This rule is not applicable to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence lawsuit, the plaintiff must prove that the defendant was obligated to exercise reasonable care. Most people owe this duty to everyone else, however individuals who get behind the steering wheel of a motor vehicle have a higher obligation to other people in their field of operation. This includes ensuring that they do not cause accidents with motor vehicles.

Courtrooms examine an individual's conduct with what a normal person would do under similar circumstances to establish what is reasonable standards of care. This is why expert witnesses are often required in cases of medical malpractice. People with superior knowledge in specific fields could be held to a greater standard of medical care.

A breach of a person's duty of care can cause harm to a victim or their property. The victim must prove that the defendant acted in breach of their obligation and caused the damage or damages they sustained. Proving causation is a critical element in any negligence case which involves taking into consideration both the real reason for the injury or damages as well as the proximate cause of the injury or damage.


For example, if someone runs a red light there is a good chance that they will be hit by another car. If their car is damaged they'll be accountable for the repairs. But the actual cause of the crash might be a cut on the brick, which then develops into a dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved in order to secure compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the party at fault are not in line with what reasonable people would do in similar circumstances.

For instance, a physician has several professional obligations to his patients that are governed by the law of the state and licensing boards. Drivers are required to protect other motorists and pedestrians, as well as to respect traffic laws. If a driver violates this obligation and creates an accident is accountable 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 prove that the defendant failed to satisfy the standard through his actions. The jury will decide if the defendant complied with 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 is sometimes more difficult to prove than the existence of a duty and breach. A defendant might have walked through a red light but that wasn't what caused the crash on your bicycle. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. For instance, if a plaintiff sustained a neck injury from a rear-end collision the lawyer could argue that the collision was the cause of the injury. Other factors necessary to cause the collision, like being in a stationary vehicle are not considered to be culpable and will not affect the jury's decision on the cause of the accident.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. It may be because the plaintiff has a rocky past, has a difficult relationship with their parents, or has abused alcohol or drugs.

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

Damages

In motor vehicle litigation, a person can be able to recover both economic and noneconomic damages. The first category of damages includes any monetary costs that can easily be added to calculate a total, for example, medical expenses and lost wages, property repairs, and even future financial losses like diminished earning capacity.

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

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the total damages awarded should be divided between them. motor vehicle accident lawsuit yakima requires the jury to determine how much fault each defendant had for the incident and then divide the total amount of damages by that percentage of blame. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive use applies is complicated and typically only a convincing evidence that the owner explicitly refused permission to operate the vehicle will be able to overcome it.

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