Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant will then have the chance to respond to the complaint.

New York follows pure comparative fault rules and, when a jury finds you responsible for a crash the damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are that are rented or leased to minors.

Duty of Care

In a lawsuit for negligence the plaintiff must demonstrate that the defendant was obligated to act with reasonable care. Most people owe this duty to everyone else, however those who take the car have an even higher duty to others in their area of activity. This includes ensuring that they don't cause motor vehicle accidents.

Courtrooms examine an individual's conduct to what a typical individual would do under the same circumstances to determine an acceptable standard of care. In the event of medical malpractice, expert witnesses are usually required. Experts who have a greater understanding of specific fields could be held to a higher standard of care.

If a person violates their duty of care, it can cause harm to the victim and/or their property. The victim has to prove that the defendant's breach of their duty resulted in the injury and damages that they suffered. Causation is an important part of any negligence claim. It requires proving both the proximate and real causes of the damage and injury.

If a driver is caught running the stop sign then they are more likely to be hit by another vehicle. If their car is damaged they will be responsible for the repairs. The real cause of a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. This must be proved in order to receive compensation for personal injury claims. A breach of duty is when the actions of the person at fault fall short of what an ordinary person would do under similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients that are governed by the law of the state and Vimeo.com licensing boards. Motorists owe a duty care to other motorists and pedestrians to drive in a safe manner and adhere to 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 "reasonable people" standard to demonstrate that there is a duty of caution and then show that the defendant did not comply with this standard with his actions. It is a matter of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also demonstrate that the defendant's negligence was the direct cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant could have run through a red light but that's not what caused the accident on your bicycle. In this way, causation is often contested by defendants in collision cases.

Causation

In lemont motor vehicle accident lawsuit vehicle cases the plaintiff must establish an causal link between breach of the defendant and their injuries. If the plaintiff sustained neck injuries in a rear-end accident the attorney for the plaintiff will argue that the incident caused the injury. Other factors that are needed in causing the collision like being in a stationary vehicle, are not culpable, and do not affect the jury's decision of the liability.

For psychological injuries However, the connection between a negligent act and an injured plaintiff's symptoms could be more difficult to establish. It could be the case that the plaintiff has a turbulent past, has a bad relationship with their parents, or has used alcohol or drugs.

It is crucial to consult an experienced attorney if you have been involved in a serious motor vehicle accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation and northvale motor vehicle accident lawyer vehicle accident cases. Our lawyers have formed relationships with independent physicians with a variety of specialties including expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first type of damages includes all financial costs that can be easily added together and then calculated into a total, such as medical treatments, lost wages, repairs to property, and even financial loss, like diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment can't be reduced to cash. However the damages must be established to exist by a variety of evidence, such as deposition testimony from the plaintiff's family members and close friends medical records, other expert witness testimony.

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages to be divided between them. The jury must determine how much responsibility each defendant was responsible for the accident and then divide the total damages award by that percentage of fault. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these trucks and cars. The process to determine if the presumption is permissive or not is complex. Most of the time it is only a clear evidence that the owner did not grant permission to the driver to operate the vehicle can overcome the presumption.