Monahans Motor Vehicle Accident Lawyer Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant has the right to respond to the complaint.

New York follows pure comparative fault rules, which means that in the event that a jury finds you to be at fault for causing an accident the damages awarded will be reduced by your percentage of negligence. This rule is not applicable to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant had the duty of care toward them. Most people owe this duty to everyone else, but individuals who get behind the car have a higher obligation 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 the same situations. Expert witnesses are frequently required when cases involve medical malpractice. Experts who have a superior understanding in a particular field can be held to a higher standard of care than other individuals in similar situations.

A person's breach of their duty of care may cause harm to a victim, or their property. The victim must establish that the defendant's breach of their duty resulted in the harm and damages they have suffered. Causation is a key element of any negligence claim. It involves proving the primary and secondary causes of the injury and damages.

If someone is driving through the stop sign it is likely that they will be hit by another vehicle. If their vehicle is damaged, they will have to pay for the repairs. But the actual cause of the crash could be a cut in the brick, which then develops into a serious infection.

Breach of Duty

The second element of negligence is the breach of duty by an individual defendant. It must be proven in order to receive compensation in a personal injury case. 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.

A doctor, for instance, has a variety of professional obligations to his patients that are governed by laws of the state and licensing boards. Drivers have a duty to be considerate of other drivers and pedestrians, and to respect traffic laws. Any driver who fails to adhere to this duty and results in an accident is responsible for the injuries of the victim.

A lawyer may use the "reasonable individuals" standard to demonstrate that there is a duty of prudence and then demonstrate that defendant failed to meet the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also demonstrate that the breach of duty by the defendant was the sole cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For instance an individual defendant could have crossed a red light, but the action was not the primary cause of the crash. For this reason, the causation issue is often contested by defendants in crash cases.

Causation

In clawson motor vehicle accident attorney vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. For instance, if a plaintiff sustained neck injuries as a result of a rear-end collision and his or her lawyer would argue that the accident caused the injury. Other factors that are essential for the collision to occur, like being in a stationary car, are not culpable and will not affect the jury's determination of liability.

It is possible to establish a causal link between an act of negligence and the psychological symptoms of the plaintiff. It may be because the plaintiff has a rocky past, has a bad relationship with their parents, Covington motor vehicle accident lawsuit or has been a user of alcohol or drugs.

If you have been in an accident involving a motor vehicle that was serious it is essential to speak with a seasoned attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation, utahsyardsale.com and motor vehicle accident cases. Our lawyers have developed working relationships with independent physicians in a variety of specialties, as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages that plaintiffs can seek in motor vehicle litigation include both economic and non-economic damages. The first type of damages includes any monetary expenses that can be easily added up and calculated as the sum of medical expenses, lost wages, property repair and even future financial losses like a decrease in earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment cannot be reduced to money. 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 cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages award should be allocated between them. The jury must decide the amount of fault each defendant has for the accident, and divide the total amount of 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 the driver of those cars and trucks. The method of determining if the presumption of permissiveness is complicated. Most of the time the only way to prove that the owner did not grant permission for the driver to operate the vehicle will overcome the presumption.