motor vehicle accident lawsuits Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant has the option to respond to the Complaint.

New York follows pure comparative fault rules, which means that if the jury finds you to be at fault for causing an accident, your damages award will be reduced by the percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors.

Duty of Care

In a negligence lawsuit the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. This duty is owed by everyone, but people who operate a vehicle owe an even greater duty to others in their field. This includes not causing car accidents.

In courtrooms the standards of care are determined by comparing the actions of an individual against what a normal individual would do in similar conditions. In the event of medical negligence experts are often required. Experts with more experience in the field could be held to a higher standard of treatment.

A person's breach of their duty of care may cause harm to the victim or their property. The victim then has to prove that the defendant breached their duty of care and caused the injury or damage that they suffered. Causation is a key element of any negligence claim. It requires proving both the proximate and real causes of the damage and injury.

If a person is stopped at an stop sign and fails to obey the stop sign, they could be hit by another vehicle. If their vehicle is damaged, they will have to pay for the repairs. The real cause of a crash could be caused by a brick cut that causes an infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proven to win compensation in a personal injury case. A breach of duty happens when the actions of the person at fault fall short of what an average person would do in similar circumstances.

A doctor, for example has a variety of professional duties towards his patients. These obligations stem from state law and licensing bodies. Drivers are required to take care of other drivers and pedestrians, and to adhere to traffic laws. If a driver fails to comply with this duty of care and motor vehicle accident law firm creates an accident, he is accountable for the injuries sustained by the victim.

Lawyers can use the "reasonable persons" standard to demonstrate that there is a duty of care and then show that defendant did not adhere to the standard in his actions. It is a question of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the primary cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant might have walked through a red light but that's not what caused the bicycle accident. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle accident Law firm vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if the plaintiff suffered a neck injury from a rear-end collision, his or her lawyer will argue that the accident 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 on fault.

It is possible to establish a causal connection between a negligent act, and the psychological issues of the plaintiff. It could be because the plaintiff has a turbulent past, a poor relationship with their parents, or has been a user of drugs or alcohol.

If you've been involved in a serious motor vehicle crash it is crucial to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation, and motor vehicle accident cases. Our lawyers have built working relationships with independent physicians in a variety of areas of expertise as well as experts in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first category of damages encompasses all costs that can easily be added up and summed up into the total amount, which includes medical treatment, lost wages, repairs to property, and even financial loss, for instance loss of earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of life, cannot be reduced to monetary value. However, these damages must be proved to exist with the help of extensive evidence, including deposition testimony from plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of total damages that should be divided between them. The jury has to determine the amount of fault each defendant is accountable for the accident, and divide the total damages awarded by that percentage. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are sustained by the drivers of trucks or cars. The resulting analysis of whether the presumption of permissiveness is applicable is a bit nebulous, and typically only a clear showing that the owner specifically did not have permission to operate his car will be sufficient to overcome it.