7 Things About Motor Vehicle Legal You'll Kick Yourself For Not Knowing
Motor Vehicle Litigation
A lawsuit is required when liability is contested. The defendant has the option to respond to the complaint.
New York has a pure comparative negligence rule. This means that, when a jury finds you to be at fault for an accident and you are found to be at fault, your damages will be reduced based on your percentage of fault. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.
Duty of Care
In a case of negligence, the plaintiff must show that the defendant was bound by an obligation of care to them. This duty is due to all, but those who operate a vehicle have an even greater obligation to other people in their field. This includes ensuring that there are no accidents in motor vehicles.
In courtrooms the standards of care are determined by comparing an individual's behavior against what a normal individual would do in similar circumstances. In the event of medical negligence experts are typically required. Experts who have a superior understanding of a specific area may be held to an even higher standard of care than others in similar situations.
A breach of a person's duty of care can cause harm to a victim or their property. The victim must demonstrate that the defendant did not fulfill their duty of care and caused the injury or damages they suffered. Proving causation is an essential aspect of any negligence case and requires investigating both the primary reason for the injury or damages, as well as the causal cause of the injury or damage.
If someone is driving through an intersection and fails to obey the stop sign, they could be struck by a vehicle. If their car is damaged, they will have to pay for the repairs. The cause of an accident could be a brick cut which develops into an infection.
Breach of Duty
A breach of duty by the defendant is the second element of negligence that needs to be proved in order to secure compensation in a personal injury case. A breach of duty happens when the at-fault party's actions aren't in line with what a reasonable person would do in similar circumstances.
A doctor, for example, has a number of professional obligations towards his patients. These professional obligations stem from the law of the state and licensing bodies. Drivers are bound to be considerate of other drivers and pedestrians, and to follow traffic laws. If a driver fails to comply with this duty of care and results in an accident, he is accountable for the victim's injuries.
Lawyers can use the "reasonable individuals" standard to establish that there is a duty of prudence and then show that the defendant did not meet this standard with his actions. The jury will determine if the defendant met or did not meet the standards.
The plaintiff must also prove that the defendant's breach was the direct cause of the plaintiff's injuries. motor vehicle accident attorney lubbock can be more difficult to prove this than a breach of duty. For instance it is possible that a defendant crossed a red line, but the action wasn't the main reason for your bicycle crash. Causation is often contested in crash cases by defendants.
Causation
In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. For example, if the plaintiff suffered an injury to the neck as a result of a rear-end collision, his or her lawyer will 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.
For psychological injuries, however, the link between an act of negligence and an victim's afflictions may be more difficult to establish. It may be the case that the plaintiff has had a difficult background, a strained relationship with their parents, or has abused alcohol or drugs.
It is crucial to consult an experienced lawyer when you've been involved in a serious accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accidents commercial and business litigation, and personal injury cases. Our lawyers have formed working relationships with independent medical professionals with a variety of specialties and 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 type of damages is any monetary costs that can be easily added to calculate a total, for example, medical treatment, 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 of life, which cannot be reduced to a monetary amount. The damages must be proven by a wide array of evidence, including depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.
In the event of multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages that should be divided between them. The jury must determine the amount of fault each defendant incurred in the accident, and then divide the total amount of damages by the percentage of fault. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are caused by drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive use applies is complex and usually only a clear evidence that the owner has explicitly refused permission to operate the car will be sufficient to overcome it.