Motor Vehicle Litigation

If the liability is challenged, it becomes necessary to make a complaint. The defendant has the option to respond to the complaint.

New York follows pure comparative fault rules and, if the jury finds you responsible for the accident the damages awarded to you will be reduced by your percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant owed a duty of care towards them. Nearly everyone owes this obligation to everyone else, but those who sit behind the wheel of a motor vehicle have a greater obligation to other people in their field of activity. This includes not causing motor vehicle accidents.

Courtrooms compare an individual's actions with what a normal person would do in similar conditions to determine an acceptable standard of care. In cases of medical malpractice, expert witnesses are usually required. Experts with a superior understanding of particular fields may be held to a higher standard of medical care.

A person's breach of their duty of care can cause harm to the victim or their property. The victim has to show that the defendant violated their obligation and caused the damage or damages they suffered. Proving causation is an essential element in any negligence case, and it involves investigating both the primary cause of the injury or damages as well as the proximate cause of the damage or injury.

For example, if someone runs a red light, it's likely that they'll be hit by another car. If their vehicle is damaged, they'll have to pay for the repairs. The real cause of a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that needs to be proved in order to secure compensation in a personal injury claim. A breach of duty occurs when the at-fault party's actions fall short of what an average person would do in similar circumstances.

A doctor, motor vehicle accident for instance, has several professional obligations to his patients, arising from the law of the state and licensing boards. Motorists owe a duty of care to other drivers and pedestrians to be safe and follow traffic laws. If a driver violates this obligation of care and creates an accident, he is liable for the victim's injuries.

A lawyer can rely on the "reasonable person" standard to prove the existence of the duty of care, and then show that the defendant failed to satisfy the standard through his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also establish that the defendant's breach of duty was the proximate cause of the injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant could have driven through a red light but that's not the cause of your bicycle accident. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff must establish that there is a causal connection between the breach of the defendant and the injuries. For motor vehicle accident example, if the plaintiff sustained a neck injury from an accident that involved rear-ends the lawyer would claim that the collision caused the injury. Other factors necessary to cause the collision, like being in a stationary car is not culpable and will not influence the jury's decision on the fault.

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 that the plaintiff has a rocky past, has a difficult relationship with their parents, or has been a user of drugs or alcohol.

If you've been involved in a serious motor vehicle accident law firms vehicle accident It is imperative to consult with an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation and motor vehicle accident cases. Our lawyers have built working relationships with independent doctors in various specialties, as well expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages that plaintiffs can claim in motor vehicle litigation can include both economic and non-economic damages. The first category of damages covers the costs of monetary value that can easily be added up and summed up into a total, such as medical treatment as well as lost wages, repairs to property, and even financial losses, such as a diminished earning capacity.

New York law recognizes that non-economic damages such as pain and suffering, and loss of enjoyment of life can't be reduced to money. The damages must be proven through extensive evidence like depositions of family members and friends of the plaintiff 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 the percentage of damages awarded should be split between them. This requires the jury to determine the amount of fault each defendant incurred in the accident, and then divide the total damages award by that percentage of fault. However, New York law 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries sustained by the drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use is applicable is a bit nebulous and usually only a clear showing that the owner was explicitly refused permission to operate the vehicle will be able to overcome it.