bridgeport motor vehicle accident law Firm Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant is entitled to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, when a jury finds that you were at fault for an accident and you are found to be at fault, your damages will be reduced based on your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant had the duty of care towards them. Almost everybody owes this duty to everyone else, however those who sit behind the car have a higher obligation to the people in their area of activity. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms evaluate an individual's behavior to what a typical person would do in similar circumstances to establish what is an acceptable standard of care. This is why expert witnesses are often required in cases involving medical malpractice. Experts who have a greater understanding of a certain field may be held to a greater standard of treatment.

When someone breaches their duty of care, it may cause injury to the victim or their property. The victim must prove that the defendant breached their duty of care and caused the injury or damages they sustained. Causation is an essential element of any negligence claim. It involves proving the actual and proximate causes of the injuries and damages.

For instance, if a driver runs a red stop sign, it's likely that they will be hit by a vehicle. If their car is damaged they'll be responsible for repairs. But the reason for the crash could be a cut in the brick, which then develops into a potentially dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by an individual defendant. This must be proved in order to obtain compensation for personal injury claims. A breach of duty is when the actions of the at-fault party are insufficient to what a normal person would do in similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients based on laws of the state and licensing boards. Motorists owe a duty of care to other drivers and pedestrians on the road to be safe and follow traffic laws. If a driver violates this duty of care and creates an accident, he is liable for the injuries sustained by the victim.

Lawyers can use the "reasonable individuals" standard to establish that there is a duty of caution and then prove that the defendant failed to meet this standard in his actions. It is a matter of fact that the jury has to decide whether the defendant complied with the standard or not.

The plaintiff must also demonstrate that the breach of duty 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 instance an individual defendant could have crossed a red light, but his or her action wasn't the main cause of your bicycle crash. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff must prove an causal link between breach of the defendant and the injuries. For instance, if the plaintiff sustained a neck injury from an accident that involved rear-ends the lawyer could claim that the collision caused the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle, are not culpable, and will not influence the jury's decision to determine the fault.

It could be more difficult to establish a causal link between a negligent act and the psychological symptoms of the plaintiff. The fact that the plaintiff suffered from a an uneasy childhood, a bad relationship with their parents, used drugs and alcohol or experienced prior unemployment could have a impact on the severity of the psychological issues she suffers after an accident, but courts typically consider these factors as part of the circumstances that caused the accident in which the plaintiff arose rather than an independent cause of the injuries.

If you have been in a serious motor vehicle accident it is crucial to consult an experienced attorney. The attorneys at Arnold & Clifford, [Redirect-Java] 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 across a variety of specialties and expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In trussville motor vehicle accident attorney vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first category of damages includes any monetary costs that can easily be added up and calculated as a sum, such as medical treatment, lost wages, property repairs, and even future financial losses, like a diminished earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment, cannot be reduced to financial value. The damages must be proven through extensive evidence like depositions of family members and [Redirect-302] friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages to be divided between them. The jury must determine the degree of fault each defendant had for the incident and then divide the total amount of damages by the percentage of fault. New York law however, does not permit this. 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are suffered by drivers of cars or trucks. The subsequent analysis of whether the presumption that permissive use applies is complicated and usually only a clear proof that the owner has explicitly was not granted permission to operate the car will be sufficient to overcome it.