One Motor Vehicle Legal Success Story You'll Never Be Able To
motor vehicle accident lawsuit el monte is necessary when liability is in dispute. The defendant will then have the opportunity to respond to the complaint.
New York follows pure comparative fault rules and, in the event that a jury finds you to be the cause of the crash, your damages award will be reduced by your percentage of negligence. This rule does not apply to the owners of vehicles that are which are rented out or leased to minors.
Duty of Care
In a case of negligence, the plaintiff must prove that the defendant had the duty of care towards them. Almost everybody owes this duty to everyone else, however those who are behind the steering wheel of a motor vehicle have an even higher duty to other people in their field of operation. This includes ensuring that they do not cause car accidents.
Courtrooms assess an individual's actions to what a typical individual would do under the same circumstances to establish what is a reasonable standard of care. In cases of medical malpractice experts are often required. Experts who are knowledgeable in a particular field may also be held to an higher standard of care than other individuals in similar situations.
If someone violates their duty of care, it could cause injury to the victim or their property. The victim has to establish that the defendant's breach of their duty caused the harm and damages they suffered. Proving causation is a critical element in any negligence case and requires investigating both the primary basis of the injury or damages, as well as the causal reason for the damage or injury.
If someone runs an stop sign, they are likely to be hit by a car. If their vehicle is damaged, they will be required to pay for repairs. But the reason for the accident could be a cut from bricks that later develop into a dangerous infection.
Breach of Duty
A breach of duty by a defendant is the second factor of negligence that must be proven to win compensation in a personal injury suit. A breach of duty occurs when the actions of the person who is at fault are insufficient to what an ordinary person would do under similar circumstances.
For instance, a physician has several professional duties to his patients, arising from laws of the state and licensing boards. Motorists are required to show care to other motorists and pedestrians to be safe and follow traffic laws. A driver who breaches this obligation and results in an accident is responsible for the injuries sustained by the victim.
A lawyer can use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then demonstrate that the defendant failed to comply with the standard in his actions. It is a matter of fact that the jury has to decide if the defendant fulfilled the standard or not.
The plaintiff must also demonstrate that the breach by the defendant was the sole cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant could have driven through a red light, but that wasn't what caused your bicycle accident. In this way, causation is frequently disputed by defendants in crash cases.
Causation
In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. For instance, if the plaintiff suffered an injury to his neck in a rear-end collision and his or her lawyer could claim that the collision caused the injury. Other factors necessary to cause the collision, like being in a stationary car are not considered to be culpable and will not influence the jury's decision on the cause of the accident.
For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It may be the case that the plaintiff has a troubled past, has a bad relationship with their parents, or has been a user of alcohol or drugs.
If you've been involved in a serious motor vehicle accident it is crucial to consult an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents, commercial and business litigation, and personal injury cases. Our lawyers have formed working relationships with independent doctors in a variety of specialties as well as expert witnesses in computer simulations and reconstruction of accident.
Damages
The damages that a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first type of damages covers any monetary costs that can easily be added up and calculated as the sum of medical expenses and lost wages, property repair, and even future financial losses such as diminished earning capacity.
New York law also recognizes the right to seek non-economic damages, including the suffering of others and the loss of enjoyment of life, which cannot be reduced to a monetary amount. However these damages must be established to exist using extensive evidence, such as deposition testimony from the plaintiff's close family members and friends medical records, as well as other expert witness testimony.
In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of total damages that must be divided between them. The jury will determine the proportion of fault each defendant has for the incident, and divide the total damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of these vehicles and trucks. The analysis to determine whether the presumption is permissive or not is complex. Typically, only a clear demonstration that the owner did not grant permission to the driver to operate the vehicle can overcome the presumption.