What Freud Can Teach Us About Motor Vehicle Legal

Motor Vehicle Litigation

When a claim for liability is litigated then it is necessary to bring a lawsuit. The defendant will then be given the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, should a jury find that you were at fault for an accident, your damages will be reduced according to your percentage of blame. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant had an obligation of care to them. The majority of people owe this obligation to everyone else, but individuals who get behind the driving wheel of a motorized vehicle are obligated to others in their area of operation. This includes ensuring that they don't cause car accidents.

In courtrooms the standards of care are determined by comparing an individual's actions with what a typical person would do under similar conditions. In cases of medical malpractice experts are typically required. Experts who have a superior understanding in a specific field could be held to the highest standards of care than other people in similar situations.

A breach of a person's duty of care could cause harm to a victim or their property. The victim has to show that the defendant violated their duty and caused the injury or damage that they suffered. Causation is a crucial element of any negligence claim. It involves proving both the primary and secondary causes of the damage and injury.

If someone runs a stop sign then they are more likely to be hit by a car. If their car is damaged they'll be responsible for repairs. The reason for a crash could be caused by a brick cut that develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. It must be proven for compensation for personal injury claims. A breach of duty happens when the actions of the person at fault aren't in line with what an average person would do in similar circumstances.

A doctor, for example, has a number of professional duties towards his patients. These obligations stem from state law and licensing bodies. Drivers are bound to be considerate of other drivers as well as pedestrians, and to adhere to traffic laws. If a driver violates this duty and causes an accident is responsible for the victim's injuries.

Lawyers can use the "reasonable individuals" standard to prove that there is a duty to be cautious and then show that defendant did not adhere to this standard with his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also establish that the breach of duty of the defendant was the primary cause for his or her injuries. It can be more difficult to prove this than a breach of duty. For example the defendant could have been a motorist who ran a red light, but the action wasn't the main cause of the crash. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle accident Lawyers 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 and his or her lawyer might argue that the accident caused the injury. Other factors necessary to cause the collision, like being in a stationary vehicle is not culpable and won't affect the jury’s determination of the fault.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff had an uneasy childhood, a bad relationship with their parents, used alcohol and drugs, or suffered previous unemployment may have some bearing on the severity of the psychological issues suffers from following a crash, but the courts generally view these factors as an element of the background conditions from which the plaintiff's accident occurred, rather than as an independent reason for the injuries.

It is important to consult an experienced lawyer if you have been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accidents as well as business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in various specialties as well as experts in computer simulations and reconstruction of accidents.

Damages

In motor vehicle accident lawsuits vehicle litigation, a plaintiff could get both economic and non-economic damages. The first category of damages is any monetary costs that are easily added to calculate a sum, such as medical treatment or lost wages, property repairs, and even future financial losses like a decrease in earning capacity.

New York law also recognizes the right to seek non-economic damages such as pain and suffering as well as loss of enjoyment, which cannot be reduced to a dollar amount. The proof of these damages is through extensive evidence like depositions from family members and friends of the plaintiff, medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts will typically employ comparative fault rules to determine the amount of damages to be divided between them. The jury must determine the percentage of fault each defendant is accountable for the incident and then divide the total amount of damages awarded by that percentage. New York law however, does not allow for this. 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries sustained by drivers of trucks or cars. The analysis to determine whether the presumption is permissive or not is complex. The majority of the time there is only a clear proof that the owner was not able to grant permission for the driver to operate the vehicle can overrule the presumption.