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Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant will then have the chance to respond to the complaint.

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

Duty of Care

In a negligence lawsuit, the plaintiff must prove that the defendant was obligated to act with reasonable care. This duty is owed to everyone, but people who operate vehicles owe an even greater duty to other drivers in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms, the quality of care is determined by comparing an individual's actions to what a normal person would do in the same circumstances. In the event of medical negligence expert witnesses are typically required. Experts with a higher level of expertise in a specific field could also be held to an 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 show that the defendant's infringement of their duty resulted in the harm and damages they suffered. Causation is an important part of any negligence claim. It requires proving both the actual and proximate causes of the damages and injuries.

If a driver is caught running an stop sign then they are more likely to be struck by a vehicle. If their vehicle is damaged, they will have to pay for the repairs. But the reason for the crash could be a cut in a brick that later develops into a potentially 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 be awarded compensation for a personal injury claim. A breach of duty is when the actions taken by the at-fault party are insufficient to what an ordinary person would do under similar circumstances.

For instance, a doctor has several professional obligations to his patients, arising from laws of the state and licensing boards. Motorists are required to show care to other drivers and pedestrians on the road to be safe and follow traffic laws. If a motorist violates this obligation of care and results in an accident, he is accountable for the injury suffered by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of the duty of care, and then show that the defendant did not meet the standard in his actions. It is a question of fact that the jury has to decide whether the defendant fulfilled the standard or not.

The plaintiff must also demonstrate that the breach by the defendant was the primary cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For instance an individual defendant could have run a red light but the action wasn't the main cause of your bicycle crash. In this way, causation is frequently disputed by the defendants in cases of crash.

Causation

In motor vehicle accident law firms vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If the plaintiff suffered neck injuries in an accident with rear-end damage then his or her attorney will argue that the incident caused the injury. Other elements that are required to produce the collision, like being in a stationary vehicle are not culpable and do not affect the jury's determination of liability.

For psychological injuries However, the connection between negligence and the victim's afflictions may be more difficult to establish. It could be that the plaintiff has a rocky past, has a bad relationship with their parents, or has been a user of drugs or alcohol.

If you've been involved in a serious motor vehicle accident attorney vehicle crash it is crucial to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors in various specialties as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

In motor vehicle litigation, a plaintiff may be able to recover both economic and noneconomic damages. The first type of damages includes all monetary costs which can be easily added together and calculated into a total, such as medical expenses or lost wages, repair to property, and even future financial losses, such as the loss of earning capacity.

New York law also recognizes the right to recover non-economic damages like pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a monetary amount. However the damages must be proven to exist through extensive evidence, including deposition testimony from plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of damages to be split between them. The jury will determine the amount of fault each defendant is accountable for the incident and then divide the total damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of the vehicles. The resulting analysis of whether the presumption of permissiveness is applicable is a bit nebulous and typically only a clear showing that the owner was explicitly denied permission to operate the vehicle will be able to overcome it.