Motor Vehicle Litigation

If the liability is challenged and the liability is disputed, it is necessary to file a lawsuit. The Defendant has the right to respond to the Complaint.

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

Duty of Care

In a case of negligence the plaintiff must prove that the defendant had an obligation of care to them. Most people owe this duty to everyone else, but those who take the wheel of a motor vehicle are obligated to other people in their field of activity. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms examine an individual's conduct with what a normal person would do under the same circumstances to determine what constitutes an acceptable standard of care. In the case of medical malpractice, expert witnesses are usually required. Experts with a higher level of expertise in a particular field may be held to an even higher standard of care than other individuals in similar situations.

A person's breach of their duty of care could cause injury to a victim or their property. The victim is then required to prove that the defendant acted in breach of their obligation and caused the damage or damage that they suffered. Causation is a key element of any negligence claim. It involves proving both the proximate and actual causes of the injury and damages.

If someone runs an stop sign then they are more likely to be hit by another vehicle. If their car is damaged, they'll need to pay for repairs. The reason for the crash could be a cut from bricks, which later turn into a potentially dangerous infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that needs to be proven to win compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the person at fault do not match what an ordinary person would do in similar circumstances.

A doctor, for instance, has a number of professional obligations towards his patients that are derived from laws of the state and licensing bodies. Drivers have a duty to take care of other drivers and pedestrians, and respect traffic laws. If a motorist violates this duty of care and results in an accident, he is accountable for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of the duty of care and then demonstrate that the defendant failed to meet that standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also prove that the breach of duty by the defendant was the direct 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 the cause of the accident on your bicycle. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffers a neck injury in a rear-end accident the attorney for the plaintiff would argue that the accident caused the injury. Other factors that contributed to the collision, such as being in a stationary car is not culpable and will not influence the jury's determination of the cause of the accident.

It could be more difficult to establish a causal connection between an act of negligence and the psychological issues of the plaintiff. It may be because the plaintiff has a troubled past, a poor relationship with their parents, or has been a user of alcohol or drugs.

If you've been involved in a serious motor vehicle accident lawyer vehicle accident it is essential to consult 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 including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages plaintiffs can seek in motor vehicle accident lawsuits vehicle litigation include both economic and non-economic damages. The first category of damages covers all costs that can easily be summed up and motor Vehicle calculated into a total, such as medical treatment, lost wages, repairs to property, and even the possibility of future financial loss, like diminished earning capacity.

New York law also recognizes the right to recover non-economic damages such as suffering and pain, as well as loss of enjoyment of life, which cannot be reduced to a dollar amount. The damages must be proven by a wide array of evidence, including 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 typically use the comparative fault rule to determine the amount of damages to be divided between them. The jury has to determine the proportion of fault each defendant is responsible for the accident, and divide the total amount of damages awarded by the same percentage. New York law however, does not allow this. 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are suffered by 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 was explicitly did not have permission to operate his car will be sufficient to overcome it.