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Why We Do We Love Motor Vehicle Legal (And You Should, Too!)
Motor Vehicle Litigation

If the liability is challenged then it is necessary to bring a lawsuit. The defendant then has the chance to respond to the complaint.


New York has a pure comparative negligence rule. motor vehicle accident lawsuit florida that should a jury find that you are responsible for an accident the amount of damages you will be reduced according to your percentage of fault. This rule does not apply to owners of vehicles that are leased or rented to minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant was bound by the duty of care towards them. This duty is owed by everyone, but people who operate vehicles owe an even greater duty to others in their field. This includes not causing accidents with motor vehicles.

In courtrooms the quality of care is determined by comparing an individual's behavior with what a typical person would do in the same situations. In the case of medical malpractice experts are often required. Experts who have a greater understanding of a certain field may be held to a higher standard of treatment.

When a person breaches their duty of care, it may cause harm to the victim and/or their property. The victim is then required to establish that the defendant's breach of duty caused the damage and injury they have suffered. Causation is an essential element of any negligence claim. It requires proving both the proximate and real causes of the injury and damages.

If someone is driving through an stop sign, they are likely to be struck by another vehicle. If their car is damaged they'll be accountable for the repairs. However, the real cause of the crash might be a cut or the brick, which then develops into a serious infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that must be proved to obtain compensation in a personal injury claim. A breach of duty occurs when the at-fault party's actions are not in line with what reasonable people would do in similar circumstances.

For example, a doctor has several professional obligations to his patients stemming from the law of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. If a driver violates this duty of care and creates an accident, he is accountable for the injuries suffered by the victim.

Lawyers can use the "reasonable persons" standard to demonstrate that there is a duty of care and then show that defendant did not comply with this standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also demonstrate 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. For instance an individual defendant could have been a motorist who ran a red light, but the action was not the sole cause of your bicycle crash. The issue of causation is often challenged in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. For example, if the plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends and their lawyer would argue that the accident caused the injury. Other factors that are needed to cause the collision, such as being in a stationary vehicle, are not culpable, and do not affect the jury's determination of the liability.

It is possible to establish a causal connection between a negligent act and the psychological symptoms of the plaintiff. It could be the case that the plaintiff has a troubled past, has a difficult relationship with their parents, or is a user of alcohol or drugs.

If you've been involved in a serious motor vehicle accident it is crucial to speak with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident cases, business and commercial litigation, and personal injury cases. Our lawyers have established working relationships with independent medical professionals in a range of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

In motor vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first category of damages encompasses the costs of monetary value that can easily be summed up and calculated into an overall amount, including medical expenses and lost wages, repairs to property, and even the possibility of future financial loss, like diminished earning capacity.

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

In cases where there are multiple defendants, courts typically employ comparative fault rules to determine the amount of damages to be split between them. The jury must determine how much responsibility each defendant had for the accident, and then divide the total damages awarded by the percentage of fault. New York law however, does not permit this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of these vehicles and trucks. The resulting analysis of whether the presumption of permissive use applies is not straightforward and typically only a clear proof that the owner explicitly refused permission to operate the vehicle will be able to overcome it.

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