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Motor Vehicle Litigation
If the liability is challenged, it becomes necessary to start a lawsuit. The defendant will then be given the chance to respond to the complaint.
New York follows pure comparative fault rules which means that when a jury finds you responsible for an accident the amount of damages awarded will be reduced by the percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.
Duty of Care
In a negligence case, the plaintiff must show that the defendant was bound by the duty of care towards them. Almost everybody owes this duty to everyone else, however those who take the wheel of a motor vehicle have a higher obligation to the people in their area of activity. This includes not causing accidents in motor vehicles.
Courtrooms compare an individual's actions to what a typical individual would do under similar circumstances to establish what is reasonable standards of care. In the case of medical malpractice, expert witnesses are usually required. motor vehicle accident law firm oregon with a higher level of expertise in a specific field could also be held to a higher standard of care than other people in similar situations.
If a person violates their duty of care, it could cause injury to the victim or their property. The victim must prove that the defendant acted in breach of their duty of care and caused the injury or damage that they suffered. Causation proof is a crucial part of any negligence case which involves investigating both the primary basis of the injury or damages as well as the reason for the injury or damage.
For instance, if a person runs a red stop sign then it's likely that they will be hit by a vehicle. If their vehicle is damaged, they will be responsible for the repairs. The reason for the crash could be a cut in bricks, which later turn into a dangerous infection.
Breach of Duty
A breach of duty by a defendant is the second aspect of negligence that has to be proved to obtain compensation in a personal injury suit. A breach of duty happens when the actions of a party who is at fault fall short of what reasonable people would do in similar circumstances.
For instance, a doctor is a professional with a range of professional obligations towards his patients, which stem from state law and licensing bodies. Drivers have a duty to take care of other drivers as well as pedestrians, and to respect traffic laws. If a driver fails to comply with this duty of care and results in an accident, the driver is accountable for the injury suffered by the victim.
Lawyers can use the "reasonable persons" standard to demonstrate that there is a duty to be cautious and then demonstrate that defendant did not comply with the standard in his actions. It is a matter of fact that the jury has to decide if 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 primary cause for his or her injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example, a defendant may have crossed a red light, but his or her action was not the sole reason for your bicycle crash. The issue of causation is often challenged in crash cases by defendants.
Causation
In motor vehicle cases, the plaintiff must establish that there is a causal connection between the breach of the defendant and their injuries. For instance, if the plaintiff sustained an injury to his neck in an accident that involved rear-ends and his or her lawyer could argue that the collision caused the injury. Other elements that are required in causing the collision like being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's decision of liability.
For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff had troubles in his or her childhood, had a difficult relationship with his or her parents, used alcohol and drugs or previous unemployment may have some bearing on the severity of the psychological problems he or is suffering from following an accident, but courts typically look at these factors as part of the background circumstances that caused the accident arose rather than an independent cause of the injuries.
It is important to consult an experienced attorney in the event that you've been involved in a serious accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have established working relationships with independent doctors in different specialties, as well as expert witnesses in computer simulations and reconstruction of accident.
Damages
In motor vehicle litigation, a person can seek both economic and noneconomic damages. The first type of damages comprises any financial costs that can easily be added to calculate an amount, like medical treatment and lost wages, property repair and even future financial losses, such as diminished earning capacity.
New York law also recognizes the right to recover non-economic damages, including pain and suffering as well as loss of enjoyment, which cannot be reduced to a dollar amount. These damages must be established through extensive evidence such as depositions from family members and friends of the plaintiff, medical records, or other expert witness testimony.
In cases where there are multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages that must be divided between them. The jury must determine the percentage of fault each defendant carries for the accident, and divide the total damages awarded by the percentage. However, New York law 1602 excludes vehicle owners from the rule of comparative negligence in the event of injuries suffered by drivers of cars or trucks. The process to determine if the presumption is permissive or not is complex. The majority of the time, only a clear demonstration that the owner did not grant permission for the driver to operate the vehicle can be able to overcome the presumption.