laguna woods motor vehicle accident law firm Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant is entitled to respond to the complaint.

New York has a pure comparative negligence rule. This means that if a jury finds you to be at fault for an accident, your damages will be reduced according to your percentage of fault. There is an exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors.

Duty of Care

In a negligence case the plaintiff must show that the defendant owed them a duty to exercise reasonable care. This duty is due to everyone, but those who operate vehicles owe an even greater obligation to other drivers in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the standards of care are determined by comparing an individual's actions against what a normal individual would do under similar circumstances. In the event of medical malpractice experts are typically required. Experts with more experience in specific fields could be held to a greater standard of treatment.

A person's breach of their duty of care could cause harm to a victim or their property. The victim is then required to show that the defendant violated their duty and caused the harm or damages they sustained. Proving causation is a critical element in any negligence case and involves looking at both the actual basis of the injury or damages as well as the cause of the damage or injury.

For instance, if someone runs a red light there is a good chance that they'll be hit by another car. If their car is damaged they'll be accountable for the repairs. The cause of the crash could be a brick cut which develops into an infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proved in order to receive compensation in a personal injury suit. A breach of duty happens when the actions of a party who is at fault aren't in line with what a reasonable person would do in similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients, which stem from laws of the state and licensing bodies. Motorists are required to show care to other drivers and pedestrians on the road to drive safely and observe traffic laws. When a driver breaches this obligation of care and causes an accident, he is liable for the victim's injuries.

A lawyer can use "reasonable individuals" standard to show that there is a duty to be cautious and then demonstrate that defendant did not meet this standard with his actions. It is a matter of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the main cause of his or her injuries. It is more difficult to prove this than a breach of duty. For example it is possible that a defendant crossed a red line, however, the act wasn't the proximate cause of your bicycle crash. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff must prove a causal link between defendant's breach and their injuries. If a plaintiff suffers a neck injury in a rear-end collision then his or her attorney will argue that the incident was the reason for the injury. Other factors that contributed to the collision, such as being in a stationary car are not culpable and won't affect the jury's decision on fault.

It could be more difficult to establish a causal relationship between a negligent act and the psychological issues of the plaintiff. It may be the case that the plaintiff has a turbulent background, a strained relationship with their parents, or has abused alcohol or drugs.

It is imperative to consult an experienced attorney should you be involved in a serious tyler motor vehicle Accident Law Firm accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians across 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 plaintiff may seek both economic and noneconomic damages. The first category of damages includes any monetary costs that are easily added to calculate an amount, like medical treatment or lost wages, property repair, and even future financial losses, like a decrease in earning capacity.

New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment of living, cannot be reduced to financial value. However the damages must be proved to exist through extensive evidence, such as deposition testimony from plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In cases that involve multiple defendants, Courts will often use comparative negligence rules to determine the proportion of damages awarded should be divided between them. This requires the jury to determine the degree of fault each defendant incurred in the accident, and then divide the total damages awarded by the percentage of blame. New York law however, does not permit this. 1602 exempts owners of vehicles from the comparative negligence rule in the event of injuries caused by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use applies is complicated and typically only a convincing evidence that the owner was explicitly did not have permission to operate his car will overcome it.