Motor Vehicle Litigation

If the liability is challenged and the liability is disputed, it is necessary to make a complaint. The defendant has the right to respond to the complaint.

New York has a pure comparative negligence rule. This means that, if a jury finds that you were at fault for an accident, your damages will be reduced according to your percentage of fault. This rule does not apply to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a negligence suit, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. This duty is owed to all people, however those who operate a vehicle have an even greater duty to others in their field. This includes ensuring that they don't cause accidents with motor vehicle accident Law firms vehicles.

In courtrooms, the standard of care is determined by comparing an individual's actions with what a typical person would do in the same conditions. In the event of medical negligence, expert witnesses are usually required. Experts with a higher level of expertise in a particular field may also be held to an higher standard of care than others in similar situations.

If a person violates their duty of care, they could cause harm to the victim and/or their property. The victim is then required to show that the defendant's infringement of their duty resulted in the injury and damages that they suffered. Causation is an essential element of any negligence claim. It involves proving the primary and secondary causes of the damage and injury.

For instance, if a person is stopped at a red light there is a good chance that they'll be struck by a car. If their car is damaged they'll be responsible for repairs. But the actual cause of the accident could be a cut on bricks that later develop into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by an individual defendant. It must be proven in order to obtain compensation in a personal injury case. A breach of duty happens when the at-fault party's actions do not match what reasonable people would do in similar circumstances.

A doctor, for example has many professional obligations 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 obey traffic laws. A driver who breaches this obligation and creates an accident is accountable for the injuries of the victim.

A lawyer may use the "reasonable persons" standard to show that there is a duty of prudence and then prove that the defendant did not adhere to this standard with his actions. It is a question of fact for the jury to decide whether the defendant complied with the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the primary cause for the injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light but that wasn't what caused your bicycle accident. This is why causation is frequently disputed by the defendants in case of a crash.

Causation

In motor vehicle accident law firm vehicle-related cases, the plaintiff must prove that there is a causal connection between the breach of the defendant and the injuries. For instance, if the plaintiff sustained an injury to his neck in an accident that involved rear-ends and their lawyer will claim that the collision caused the injury. Other factors that are necessary in causing the collision like being in a stationary vehicle are not culpable and will not affect the jury's decision of the liability.

For psychological injuries However, the connection between a negligent act and the victim's afflictions may be more difficult to establish. The fact that the plaintiff had an uneasy childhood, a bad relationship with his or her parents, used alcohol and drugs or had prior unemployment could have a influence on the severity of the psychological issues he or suffers following an accident, but courts typically view these elements as part of the background circumstances from which the plaintiff's accident arose rather than an independent reason for the injuries.

If you've been involved in an accident that is serious to your vehicle it is crucial to speak with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident law firms vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have established working relationships with independent physicians in a range of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first category of damages includes all monetary costs which can easily be added up and calculated into a total, such as medical expenses or lost wages, repair to property, and even the possibility of future financial loss, like loss of earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, and loss of enjoyment, cannot be reduced to cash. The proof of these damages is with a large amount of evidence, such as depositions of family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of damages to be split between them. The jury must determine how much responsibility each defendant had for the accident and to then divide the total damages awarded by that percentage of the fault. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of the vehicles. The subsequent analysis of whether the presumption of permissiveness applies is complicated and usually only a clear proof that the owner was explicitly did not have permission to operate his vehicle will overcome it.