Motor Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The Defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that when a jury finds that you are responsible for an accident the amount of damages you will be reduced based on your percentage of fault. This rule does not apply to the owners of vehicles that are that are rented or leased out to minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant owed an obligation of care to them. This duty is owed to everyone, but people who operate a vehicle owe an even greater obligation to others in their field. This includes not causing motor vehicle accident lawsuits vehicle accidents.

Courtrooms examine an individual's conduct to what a typical person would do under the same circumstances to establish what is an acceptable standard of care. In the event of medical malpractice experts are often required. Experts with a higher level of expertise in a specific field could also be held to an even higher standard of care than other people in similar situations.

A person's breach of their obligation of care can cause harm to a victim, or their property. The victim has to establish that the defendant's breach of their duty caused the injury and damages that they have suffered. Proving causation is an essential aspect of any negligence case which involves taking into consideration both the real reason for the injury or damages as well as the reason for the damage or injury.

If someone runs an stop sign and fails to obey the stop sign, they could be struck by a vehicle. If their vehicle is damaged, they will be required to pay for repairs. However, the real cause of the crash could be a cut or a brick that later develops into a dangerous infection.

Breach of Duty

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

A doctor, for example, has a number of professional duties towards his patients. These professional obligations stem from the law of the state and licensing bodies. Motorists owe a duty of care to other drivers and pedestrians on the road to drive safely and observe traffic laws. Drivers who violate this duty and causes an accident is responsible for the victim's injuries.

A lawyer can rely on the "reasonable individuals" standard to demonstrate that there is a duty to be cautious and then prove that the defendant did not comply with this standard in his actions. It is a matter of fact for the jury to decide if the defendant complied with the standard or not.

The plaintiff must also prove that the breach of duty of the defendant was the proximate cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For instance, a defendant may have crossed a red line, but the action was not the primary cause of your bicycle crash. For this reason, causation is frequently disputed by defendants in crash cases.

Causation

In motor vehicle accident vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. If the plaintiff suffered a neck injury in a rear-end collision then his or her attorney will argue that the incident caused the injury. Other elements that could have caused the collision, like being in a stationary vehicle is not culpable and will not influence the jury’s determination of the cause of the accident.

For psychological injuries, however, the link between a negligent act and an victim's afflictions may be more difficult to establish. It may be that the plaintiff has a rocky past, has a difficult relationship with their parents, or has abused drugs or alcohol.

It is important to consult an experienced attorney should you be involved in a serious car accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accidents commercial and business litigation, as well as personal injury cases. Our lawyers have established working relationships with independent medical professionals in a range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as 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 covers any monetary costs that can be easily added to calculate the sum of medical expenses and lost wages, property repair, and even future financial losses like diminished earning capacity.

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

In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine how much of the damages awarded should be divided between them. The jury must determine the amount of fault each defendant carries for the accident, and divide the total damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of those cars and trucks. The subsequent analysis of whether the presumption that permissive use applies is not straightforward, and typically only a clear showing that the owner explicitly denied permission to operate the car will overcome it.