707394355

Motor Vehicle LitigationWhen liability is contested and the liability is disputed, it is necessary to make a complaint. The defendant will then have the chance to respond to the complaint.New York has a pure comparative negligence rule. This means that in the event that a jury determines you to be responsible for an accident the damages you incur will be reduced based on your percentage of blame. This rule does not apply to owners of vehicles rented out or leased to minors.Duty of CareIn a case of negligence the plaintiff must prove that the defendant owed the duty of care towards them. Most people owe this duty to everyone else, however individuals who get behind the wheel of a motor vehicle have an even higher duty to others in their area of activity. This includes not causing accidents in motor vehicles.In courtrooms the standard of care is established by comparing an individual’s behavior with what a normal person would do in similar situations. In the case of medical malpractice experts are typically required. People with superior knowledge in specific fields could be held to a greater standard of care.If a person violates their duty of care, it could cause harm to the victim and/or their property. The victim has to prove that the defendant’s breach of their duty caused the damage and injury they sustained. Causation is an essential element of any negligence claim. It involves proving both the actual and proximate causes of the damage and injury.If motor vehicle accident lawsuit simi valley is driving through an intersection it is likely that they will be hit by a car. If their vehicle is damaged, they will be responsible for repairs. But the reason for the crash could be a cut or a brick that later develops into a dangerous infection.Breach of DutyA defendant’s breach of duty is the second aspect of negligence that has to be proven to win compensation in a personal injury case. A breach of duty happens when the actions of a party who is at fault are not in line with what an average person would do in similar circumstances.For instance, a doctor is a professional with a range of professional obligations to his patients. These obligations stem from state law and licensing bodies. Drivers are obliged to be considerate of other drivers and pedestrians, as well as to adhere to traffic laws. If a driver fails to comply with this obligation of care and creates an accident, he is accountable for the injuries suffered by the victim.A lawyer can rely on the “reasonable person” standard to prove the existence of the duty of care and then prove that the defendant failed to satisfy the standard through his actions. It is a question of fact for the jury to decide if the defendant met the standard or not.The plaintiff must also prove that the breach of duty by the defendant was the primary cause of the injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For instance, a defendant may have crossed a red light, but the action was not the primary cause of the crash. For this reason, causation is often contested by the defendants in cases of crash.CausationIn motor vehicle cases, the plaintiff must prove a causal link between breach of the defendant and the injuries. For example, if the plaintiff sustained a neck injury from a rear-end collision and his or her lawyer would argue that the collision caused the injury. Other elements that could have caused the collision, such as being in a stationary vehicle is not culpable and won’t affect the jury’s decision on the degree of fault.For psychological injuries However, the connection between an act of negligence and an affected plaintiff’s symptoms can be more difficult to establish. It could be because the plaintiff has a troubled past, a poor relationship with their parents, or has abused drugs or alcohol.It is important to consult an experienced attorney should you be involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident, commercial and business litigation, as well as personal injury cases. Our lawyers have built working relationships with independent physicians in a variety of specialties, as well expert witnesses in computer simulations and accident reconstruction.DamagesThe damages that plaintiffs can seek in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages includes any monetary costs that can easily be added to calculate an amount, like medical expenses loss of wages, property repair and even future financial losses such as diminished earning capacity.New York law recognizes that non-economic damages such as suffering and pain, and loss of enjoyment of life are not able to be reduced to financial value. The proof of these damages is through extensive evidence such as depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.In cases where there are multiple defendants, courts typically use the comparative fault rule to determine the amount of damages that must be divided between them. The jury must determine the amount of fault each defendant is accountable for the incident and then divide the total damages awarded by the same percentage. However, New York law 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries sustained by drivers of trucks or cars. The method of determining if the presumption is permissive is complex. Typically it is only a clear evidence that the owner did not grant permission for the driver to operate the vehicle will be able to overcome the presumption.