20 Fun Facts About Motor Vehicle Legal
Motor Vehicle Litigation
A lawsuit is required when the liability is being contested. The defendant will then have the opportunity to respond to the complaint.
New York has a pure comparative negligence rule. This means that, should a jury find you to be responsible for an accident the damages you incur will be reduced based on your percentage of fault. This rule is not applicable to owners of vehicles rented out or leased to minors.
Duty of Care
In a case of negligence, the plaintiff must show that the defendant owed the duty of care toward them. Nearly everyone owes this obligation to everyone else, however those who are behind the wheel of a motor vehicle are obligated to the people in their area of operation. This includes ensuring that there are no accidents in motor vehicles.
In courtrooms the standard of care is determined by comparing the actions of an individual with what a typical person would do in the same circumstances. This is why expert witnesses are often required in cases of medical malpractice. Experts with a higher level of expertise of a specific area may be held to the highest standards of care than other individuals in similar situations.
If a person violates their duty of care, they could cause injury to the victim or their property. The victim must then demonstrate that the defendant's violation of their duty led to the damage and injury they have suffered. Causation proof is a crucial aspect of any negligence claim which involves taking into consideration both the real cause of the injury or damages and the proximate reason for the damage or injury.
If someone is driving through an intersection it is likely that they will be hit by a car. If their vehicle is damaged, they'll be required to pay for repairs. The actual cause of the crash could be a brick cut which develops into an 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 person at fault do not match what an ordinary person would do in similar circumstances.
For instance, a doctor has a variety of professional obligations towards his patients that are derived from the law of the state and licensing bodies. Drivers have a duty to care for other drivers and pedestrians, and adhere to traffic laws. If a motorist violates this duty of care and results in an accident, the driver is liable for the injuries sustained by the victim.
A lawyer can use the "reasonable person" standard to prove the existence of the duty of care, and then demonstrate that the defendant did not meet that standard in his actions. The jury will decide if the defendant met or did not meet the standards.
The plaintiff must also prove that the defendant's negligence was the sole 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 crash on your bicycle. In this way, the causation issue is often contested by the defendants in case of a crash.
Causation
In motor vehicle cases the plaintiff must prove an causal link between breach by the defendant and their injuries. If the plaintiff sustained neck injuries in an accident that involved rear-end collisions then his or her attorney will argue that the crash caused the injury. motor vehicle accident law firm salem that are required to cause the collision, like being in a stationary vehicle, are not culpable and will not affect the jury's decision of the liability.
It may be harder to prove a causal link between a negligent act and the plaintiff's psychological symptoms. It could be the case that the plaintiff has a troubled background, a strained relationship with their parents, or has been a user of alcohol or drugs.
If you've been involved in a serious motor vehicle accident it is essential to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, and motor vehicle crash cases. Our lawyers have formed working relationships with independent doctors in different areas of expertise as well as expert witnesses in computer simulations and accident reconstruction.
Damages
In motor vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first category of damages is all monetary costs which are easily added together and calculated as a total, such as medical treatment or lost wages, repair to property, or even a future financial loss, like a diminished earning capacity.
New York law also recognizes the right to seek non-economic damages like pain and suffering and loss of enjoyment of life, which cannot be reduced to a monetary amount. However, these damages must be proven to exist using extensive evidence, such as deposition testimony from the plaintiff's family members and close friends, medical records, and other expert witness testimony.
In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages award should be allocated between them. The jury must decide the percentage of fault each defendant carries for the accident, and divide the total damages awarded by the same percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of the vehicles. The process of determining whether the presumption of permissiveness is complicated. Typically the only way to prove that the owner was not able to grant permission for the driver to operate the vehicle can be sufficient to overturn the presumption.