20 Resources That'll Make You More Efficient With Motor Vehicle Legal
Motor Vehicle Litigation
A lawsuit is required in cases where liability is challenged. The defendant then has the chance to respond to the complaint.
New York follows pure comparative fault rules, which means that if the jury finds you to be the cause of the accident the damages awarded will be reduced by the percentage of negligence. This rule does not apply to the owners of vehicles that are rented out or leased to minors.
Duty of Care
In a negligence case, the plaintiff has to prove that the defendant was bound by the duty of care toward them. Almost everybody owes this duty to everyone else, however individuals who get behind the driving wheel of a motorized vehicle have an even higher duty to the other drivers in their zone of activity. This includes ensuring that they do not cause accidents in motor vehicles.
In courtrooms the standard of care is established by comparing an individual's behavior with what a typical person would do in similar conditions. Expert witnesses are often required in cases involving medical malpractice. Experts who have a superior understanding in a particular field can be held to an higher standard of care than other people in similar situations.
A breach of a person's duty of care may cause harm to a victim, or their property. The victim has to show that the defendant's infringement of duty caused the damage and injury they suffered. Causation is an essential element of any negligence claim. It requires proof of both the proximate and real causes of the injuries and damages.
If a driver is caught running a stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their car is damaged they'll be accountable for repairs. The real cause of the crash could be a brick cut that develops into an infection.
Breach of Duty
A breach of duty by a defendant is the second element of negligence that must be proved in order to receive compensation in a personal injury suit. A breach of duty is when the actions of the at-fault party fall short of what an ordinary person would do under similar circumstances.
For example, a doctor has a variety of professional obligations to his patients, arising from the law of the state and licensing boards. Drivers have a duty to care for other drivers and pedestrians, as well as to adhere to traffic laws. When a driver breaches this obligation of care and causes an accident, he is liable for the injury suffered by the victim.
A lawyer can use "reasonable people" standard to demonstrate that there is a duty of prudence and then demonstrate that defendant did not comply with this standard in his actions. It is a question of fact that the jury has 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 the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant may have run through a red light, but that's not the cause of the crash on your bicycle. Because of this, the causation issue is often contested by the defendants in case of a crash.
Causation
In motor vehicle accidents, the plaintiff must prove an causal link between breach of the defendant and their injuries. If a plaintiff suffers a neck injury in a rear-end collision then his or her attorney would argue that the collision was the reason for the injury. Other elements that are required in causing the collision like being in a stationary vehicle, are not culpable and will not affect the jury's determination of the liability.
For psychological injuries, however, the link between a negligent act and an victim's afflictions may be more difficult to establish. It may be because the plaintiff has a rocky past, a poor relationship with their parents, or has used drugs or alcohol.
It is crucial to consult an experienced lawyer if you have been involved in a serious accident. The attorneys 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 formed working relationships with independent doctors in a range of specialties, expert witnesses in accident reconstruction and computer simulations as well as with private investigators.
Damages
In motor vehicle litigation, a plaintiff could recover both economic and noneconomic damages. The first type of damages comprises any financial costs that are easily added up and calculated as an amount, like medical expenses loss of wages, property repairs, 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 can't be reduced to monetary value. These damages must be established with a large amount of evidence, such as depositions from family members and friends of the plaintiff or medical records, or other expert witness testimony.
In motor vehicle accident law firm bolingbrook that involve multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the damages awarded should be divided between them. The jury has to determine the percentage of fault each defendant has for the accident and then divide the total damages awarded by the same percentage. However, New York law 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of cars or trucks. The resulting analysis of whether the presumption of permissive usage is applicable is a bit nebulous, and typically only a convincing evidence that the owner was explicitly did not have permission to operate his car will overcome it.
