Motor Vehicle Litigation

When a claim for liability is litigated in court, it becomes 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 and you are found to be at fault, your damages will be reduced according to your percentage of blame. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant owed the duty of care toward them. This duty is owed to all people, however those who drive a vehicle owe an even higher duty to other people in their field. This includes ensuring that they do not cause motor vehicle accidents.

In courtrooms, the standards of care are determined by comparing an individual's conduct against what a normal individual would do in similar conditions. Expert witnesses are often required in cases involving medical malpractice. People who have superior knowledge in a particular field can be held to a higher standard of care than other individuals in similar situations.

A breach of a person's duty of care can cause harm to a victim or their property. The victim is then required to demonstrate that the defendant's violation of their duty led to the harm and damages they sustained. Causation proof is a crucial aspect of any negligence claim and requires looking at both the actual cause of the injury or damages as well as the reason for the damage or injury.

For instance, if a driver runs a red stop sign, it's likely that they'll be struck by another car. If their vehicle is damaged, they'll be accountable for repairs. The real cause of a crash could be a brick cut which develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. The breach of duty must be proved for compensation for a personal injury claim. A breach of duty occurs when the actions of the person at fault are not in line with what an average person would do in similar circumstances.

A doctor, for instance, has several professional duties to his patients based on the law of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians on the road to drive safely and observe traffic laws. Any driver who fails to adhere to this duty and results in an accident is responsible for the injuries of the victim.

A lawyer can rely on the "reasonable persons" standard to establish that there is a duty of caution and then prove that the defendant did not adhere to 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 defendant's breach was the direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant might have walked through a red light, but that's not what caused the accident on your bicycle. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle accidents, the plaintiff must establish a causal link between the breach of the defendant and their injuries. For instance, if the plaintiff suffered an injury to the neck as a result of a rear-end collision and their lawyer would argue that the collision caused the injury. Other factors that are needed for the collision to occur, like being in a stationary vehicle, are not culpable and do not affect the jury's determination of the liability.

It can be difficult to establish a causal relationship between a negligent act, and the psychological issues of the plaintiff. It could be the case that the plaintiff has had a difficult background, a strained relationship with their parents, or is a user of drugs or alcohol.

It is important to consult an experienced lawyer should you be involved in a serious motor accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident commercial and business litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent physicians in various areas of expertise as well as experts in computer simulations and accident reconstruction.

Damages

In motor vehicle accident law firm vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first category of damages includes any monetary expenses that can be easily added up and calculated as a sum, such as medical expenses or lost wages, property repair and even future financial losses, like a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, including pain and suffering and loss of enjoyment of life, which cannot be reduced to a dollar amount. These damages must be established by a wide array of evidence, including depositions of family members and friends of the plaintiff, medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts will typically employ comparative fault rules to determine the amount of damages to be split between them. The jury has to determine the amount of fault each defendant is responsible for the incident, and divide the total amount of damages awarded by the same percentage. New York law however, does not allow for this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of the vehicles. The resulting analysis of whether the presumption of permissive usage applies is complex, and typically only a clear proof that the owner explicitly did not have permission to operate his vehicle will overcome it.