dodge City motor vehicle accident attorney Vehicle Litigation

When a claim for liability is litigated then it is necessary to start a lawsuit. The defendant has the option to respond to the Complaint.

New York follows pure comparative fault rules which means that if the jury finds that you are responsible for causing an accident the damages awarded will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence case the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. This duty is due to all people, however those who operate vehicles owe an even higher duty to others in their field. This includes ensuring that they do not cause car accidents.

In courtrooms the standard of care is determined by comparing an individual's conduct to what a normal person would do in similar circumstances. In cases of medical malpractice experts are often required. People who have superior knowledge of a specific area may also be held to the highest standards of care than other people in similar situations.

If a person violates their duty of care, they could cause injury to the victim or their property. The victim has to demonstrate that the defendant's violation of their duty caused the damage and injury they sustained. Causation is a key element of any negligence claim. It requires proof of both the proximate and actual causes of the injuries and damages.

For instance, if someone runs a red stop sign there is a good chance that they'll be hit by a car. If their car is damaged, they will be required to pay for repairs. The reason for the accident could be a cut on the brick, which then develops into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by an individual defendant. It must be proven in order to receive compensation for personal injury claims. A breach of duty occurs when the actions of the person at fault fall short of what a reasonable person would do in similar circumstances.

For instance, a doctor is a professional with a range of professional obligations towards his patients. These obligations stem from the law of the state and licensing authorities. Motorists owe a duty of care to other motorists and pedestrians to drive safely and obey traffic laws. A driver who breaches this duty and creates an accident is accountable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable individuals" standard to establish that there is a duty of care and then show that the defendant failed to meet this standard in his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also prove that the defendant's breach was the direct 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, however, that's not the reason for the accident on your bicycle. This is why causation is often contested by defendants in collision cases.

Causation

In urbana motor vehicle accident lawyer vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if a plaintiff sustained an injury to the neck as a result of an accident that involved rear-ends the lawyer will argue that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary car are not culpable and will not affect the jury’s determination of fault.

For psychological injuries However, the connection between a negligent act and an injured plaintiff's symptoms could be more difficult to establish. It could be because the plaintiff has a troubled past, has a bad relationship with their parents, or has used alcohol or drugs.

If you've been involved in an accident involving a motor vehicle that was serious it is crucial to consult with an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience 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 doctors in a range of specialties and expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages a plaintiff may recover in motor vehicle litigation include both economic and non-economic damages. The first category of damages includes all financial costs that can easily be added up and calculated into a total, for example, medical expenses as well as lost wages, repairs to property, or even a future financial loss, such loss of earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, and loss of enjoyment of living are not able to be reduced to financial value. However the damages must be proven to exist through extensive evidence, such as deposition testimony of the plaintiff's close family members and friends medical records, deposition testimony, and other expert witness testimony.

In the event of multiple defendants, courts will often use comparative fault rules to determine the amount of damages to be split between them. The jury must determine how much fault each defendant was responsible for the incident and then divide the total damages award by that percentage of the fault. However, New York law 1602 does not exempt vehicle owners from the comparative negligence rule in cases where injuries are sustained by the drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive usage is applicable is a bit nebulous and usually only a convincing evidence that the owner has explicitly did not have permission to operate his vehicle will be able to overcome it.