14 Questions You Might Be Refused To Ask Motor Vehicle Legal

Motor Vehicle Litigation

When liability is contested, it becomes necessary to start a lawsuit. The defendant will then have the chance to respond to the complaint.

New York follows pure comparative fault rules and, when a jury finds you responsible for the crash the amount of damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are rented or leased by minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant had the duty of care towards them. This duty is owed to everyone, but people who drive a vehicle owe an even greater obligation to others in their field. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms assess an individual's actions with what a normal person would do under similar conditions to determine reasonable standards of care. In the case of medical malpractice experts are often required. Experts with more experience in a certain field may be held to a greater standard of treatment.

If a person violates their duty of care, it could cause harm to the victim and/or their property. The victim has to demonstrate that the defendant's violation of their duty caused the damage and injury they suffered. Causation is an essential element of any negligence claim. It involves proving both the proximate and real causes of the injury and damages.

For instance, if someone runs a red stop sign then it's likely that they'll be struck by a vehicle. If their car is damaged they will be responsible for the repairs. The real cause of a crash could be caused by a brick cut that causes an infection.

Breach of Duty

The second element of negligence is the breach of duty by the defendant. The breach of duty must be proved for compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault fall short of what an average person would do in similar circumstances.

A doctor, for instance, has a number of professional obligations towards his patients, which stem from laws of the state and licensing bodies.  motor vehicle accident lawyer winston salem  owe a duty care to other motorists and pedestrians to be safe and follow traffic laws. If a motorist violates this duty of care and results in an accident, he is liable for the injury suffered by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of a duty of care and then show that the defendant failed to comply with the standard in his actions. It is a matter of fact for the jury to decide whether the defendant fulfilled the standard or not.

The plaintiff must also prove that the breach by the defendant was the direct cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For example it is possible that a defendant crossed a red line, however, the act wasn't the main cause of your bicycle crash. The issue of causation is often challenged in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. For example, if the plaintiff sustained a neck injury from an accident that involved rear-ends the lawyer will argue that the collision caused the injury. Other elements that are required to produce the collision, such as 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 negligence and the affected plaintiff's symptoms can be more difficult to establish. It could be the case that the plaintiff has a turbulent past, a poor relationship with their parents, or has used drugs or alcohol.

It is imperative to consult an experienced attorney should you be involved in a serious motor vehicle accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians 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 person can get both economic and non-economic damages. The first category of damages covers all costs that are easily added together and calculated as an overall amount, including medical expenses, lost wages, repairs to property, or even a future financial loss, for instance diminished earning capacity.

New York law recognizes that non-economic damages such as pain and suffering, and loss of enjoyment of living can't be reduced to financial value. However these damages must be proved to exist using extensive evidence, including deposition testimony from plaintiff's family members and close friends medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages to be split between them. The jury has to determine the proportion of fault each defendant has for the accident and then divide the total damages awarded by the percentage. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of the vehicles. The subsequent analysis of whether the presumption of permissiveness applies is complicated, and typically only a clear proof that the owner has explicitly was not granted permission to operate the vehicle will be able to overcome it.