Motor Vehicle Litigation

When liability is contested then it is necessary to file a lawsuit. The defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, should a jury find that you are responsible for an accident, your damages will be reduced based on your percentage of fault. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a lawsuit for negligence the plaintiff must show that the defendant owed them a duty to exercise reasonable care. Nearly everyone owes 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 not causing accidents in motor vehicles.

In courtrooms, the standard of care is determined by comparing an individual's behavior against what a normal individual 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 also be held to a higher standard of care than others in similar situations.

A person's breach of their duty of care may cause harm to a victim, or their property. The victim is then required to show that the defendant's infringement of their duty resulted in the injury and Motor Vehicle Accident Attorney damages that they suffered. Causation is an essential element of any negligence claim. It requires proof of both the actual and proximate causes of the injuries and damages.

For instance, if a person runs a red light then it's likely that they will be hit by a vehicle. If their vehicle is damaged, they will be responsible for the repairs. However, the real cause of the crash could be a cut on a brick that later develops into a serious infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proven to win compensation in a personal injury claim. A breach of duty is when the actions taken by the at-fault person are not in line with what a normal person would do under similar circumstances.

For instance, a physician has a variety of professional obligations to his patients based on the law of the state and licensing boards. Drivers are bound to take care of other drivers and pedestrians, and obey traffic laws. If a motorist violates this duty of care and results in an accident, the driver is responsible for the victim's injuries.

A lawyer can use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then prove that the defendant failed to comply with the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also prove that the breach by the defendant was the sole cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example the defendant could have crossed a red light, however, the act was not the sole cause of your bicycle crash. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. For example, if the plaintiff suffered an injury to his neck in a rear-end collision and his or her lawyer would argue that the collision caused the injury. Other elements that could have caused the collision, such as being in a stationary vehicle are not considered to be culpable and will not affect the jury's determination of the degree of fault.

It can be difficult to establish a causal connection between a negligent act, and the plaintiff's psychological symptoms. It could be that the plaintiff has had a difficult past, has a bad relationship with their parents, or is a user of drugs or alcohol.

It is imperative to consult an experienced lawyer should you be involved in a serious motor vehicle accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation, as well as motor vehicle accident law firms vehicle accident cases. Our lawyers have established working relationships with independent medical professionals across a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well as with private investigators.

Damages

The damages a plaintiff can recover in a motor vehicle case include both economic and non-economic damages. The first type of damages includes any monetary costs that can easily be added up and calculated as the sum of medical treatment or lost wages, property repairs, 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, cannot be reduced to financial value. The proof of these damages is by a wide array of evidence, including depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine how much of the damages awarded should be divided between them. The jury must decide the percentage of fault each defendant has for the accident and then divide the total damages awarded by that percentage. New York law however, doesn't allow this. 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are sustained by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use applies is complex, and typically only a clear proof that the owner was explicitly denied permission to operate the vehicle will be able to overcome it.