5 Tools Everyone In The Motor Vehicle Legal Industry Should Be Making Use Of
Motor Vehicle Litigation
A lawsuit is necessary in cases where liability is challenged. The defendant has the right to respond to the Complaint.
New York follows pure comparative fault rules and, if the jury finds you to be the cause of the accident, your damages award will be reduced by your percentage of negligence. This rule does not apply to owners of vehicles which are rented out or leased to minors.
Duty of Care
In a negligence case the plaintiff must show that the defendant owed them a duty to act with reasonable care. This duty is due to everyone, but people who drive a vehicle owe an even higher duty to other drivers in their field. This includes ensuring that there are no accidents in motor vehicles.
In courtrooms, the standards of care are determined by comparing the actions of an individual to what a normal person would do in the same situations. In the event of medical malpractice experts are typically required. Experts with a superior understanding of the field could be held to a higher standard of medical care.
A breach of a person's duty of care can cause harm to the victim or their property. The victim must then demonstrate that the defendant's violation of their duty resulted in the damage and injury they sustained. Causation proof is a crucial aspect of any negligence claim and requires looking at both the actual reason for the injury or damages, as well as the causal cause of the damage or injury.
If a person is stopped at the stop sign and fails to obey the stop sign, they could be hit by a car. If their car is damaged, they'll be required to pay for repairs. The real cause of the crash could be a brick cut which develops into an infection.
Breach of Duty
The second element of negligence is the breach of duty committed by a defendant. motor vehicle accident lawyer south gate must be proven in order to obtain compensation in a personal injury case. A breach of duty happens when the at-fault party's actions do not match what reasonable people would do in similar circumstances.
For instance, a doctor, has a number of professional obligations towards his patients. These obligations stem from the law of the state and licensing authorities. Drivers are bound to protect other motorists and pedestrians, and to adhere to traffic laws. If a driver fails to comply with this duty of care and results in an accident, the driver is accountable 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 comply with the standard in his actions. It is a question of fact that the jury has to decide if the defendant complied with the standard or not.
The plaintiff must also establish that the breach of duty of the defendant was the primary cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant might have walked through a red light, but that's not what caused your bicycle accident. This is why causation is often challenged by defendants in collision cases.
Causation
In motor vehicle cases, the plaintiff must establish an causal link between defendant's breach and their injuries. If the plaintiff sustained neck injuries as a result of an accident that involved rear-end collisions and his or her attorney would argue that the collision was the cause of the injury. Other elements that are required to cause the collision, like being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's determination of liability.
It is possible to establish a causal link between a negligent act, and the plaintiff's psychological symptoms. The fact that the plaintiff has a a troubled childhood, poor relationship with his or her parents, used alcohol and drugs or prior unemployment could have a influence on the severity the psychological issues he or suffers from following a crash, but the courts typically look at these factors as part of the circumstances that led to the accident from which the plaintiff's injury arose rather than an independent cause of the injuries.
It is important to consult an experienced lawyer should you be involved in a serious car accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have built working relationships with independent physicians in various 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 category of damages encompasses all financial costs that can easily be added up and calculated into a total, such as medical treatment as well as lost wages, repairs to property, and even future financial loss, for instance the loss of earning capacity.
New York law recognizes that non-economic damages, like suffering and pain, and loss of enjoyment of life, cannot be reduced to money. The proof of these damages is by a wide array of evidence, including depositions of family members and friends of the plaintiff medical records, as well as other expert witness testimony.
In the event of multiple defendants, courts will typically employ comparative fault rules to determine the amount of damages to be split between them. This requires the jury to determine the degree of fault each defendant was responsible for the accident, and then divide the total amount of damages by the percentage of the fault. However, New York law 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries suffered by drivers of cars or trucks. The resulting analysis of whether the presumption that permissive use applies is complicated and usually only a clear showing that the owner was explicitly was not granted permission to operate the vehicle will overcome it.