Motor Vehicle Litigation

If the liability is challenged then it is necessary to file a lawsuit. The defendant is entitled to respond to the complaint.

New York has a pure comparative negligence rule. This means that, when a jury finds that you were at fault for an accident the amount of damages you will be reduced based on your percentage of fault. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a negligence suit, the plaintiff must prove that the defendant was obligated to exercise reasonable care. Most people owe this duty to everyone else, but individuals who get behind the wheel of a motor vehicle have a higher obligation to other people in their field of activity. This includes ensuring that they don't cause motor vehicle accidents.

In courtrooms the standard of care is determined by comparing an individual's conduct against what a normal individual would do under similar circumstances. In the event of medical negligence experts are often required. Experts with a superior understanding of a certain field may be held to a greater standard of treatment.

When a person breaches their duty of care, it could cause damage to the victim as well as their property. The victim must establish that the defendant's breach of duty caused the damage and injury they have suffered. Causation is a crucial element of any negligence claim. It involves proving both the actual and proximate causes of the injury and damages.

For instance, if someone runs a red stop sign then it's likely that they'll be struck by a car. If their vehicle is damaged, they'll be accountable for repairs. The reason for the accident could be a cut or bricks that later develop into a deadly infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that must be proved in order to secure compensation in a personal injury case. A breach of duty occurs when the actions of the at-fault party are insufficient to what a normal person would do in similar circumstances.

A doctor, for example is a professional with a range of professional obligations to his patients. These obligations stem from state law and licensing bodies. Motorists have a duty of care to other drivers and pedestrians to drive in a safe manner and adhere to traffic laws. Any driver who fails to adhere to this duty and creates an accident is accountable for the injuries suffered by the victim.

A lawyer can rely on the "reasonable people" standard to establish that there is a duty of caution and then demonstrate that defendant did not adhere to the standard in his actions. It is a question of fact that the jury has to decide if the defendant was in compliance with the standard or not.

The plaintiff must also prove that the breach by the defendant was the main 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 crash on your bicycle. In this way, causation is frequently disputed by defendants in crash cases.

Causation

In motor vehicle accident attorney vehicle cases, the plaintiff must establish a causal link between defendant's breach and their injuries. For instance, if a plaintiff suffered neck injuries as a result of an accident that involved rear-ends and their lawyer would argue that the collision was the cause of the injury. Other factors necessary to cause the collision, such as being in a stationary car, are not culpable, and will not impact the jury's decision to determine the cause of the accident.

For psychological injuries However, the connection between an act of negligence and an injured plaintiff's symptoms may be more difficult to establish. It may be that the plaintiff has had a difficult past, has a difficult relationship with their parents, or is a user of drugs or alcohol.

If you have been in a serious motor vehicle accident, it is important to consult with an experienced attorney. The attorneys 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 established working relationships with independent physicians across a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well with private investigators.

Damages

The damages that plaintiffs can claim in motor vehicle litigation include both economic and non-economic damages. The first type of damages includes any monetary costs that are easily added to calculate a sum, such as medical treatment and lost wages, property repair and even future financial losses like a decrease in earning capacity.

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

In the event of multiple defendants, courts typically use the comparative fault rule to determine the amount of damages that should be divided between them. The jury must determine the amount of fault each defendant was responsible for the accident, and then divide the total damages awarded by that percentage of fault. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of these trucks and cars. The subsequent analysis of whether the presumption that permissive use applies is complex and Motor Vehicle Accident usually only a clear proof that the owner explicitly refused permission to operate the car will be sufficient to overcome it.