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Motor Vehicle Litigation

When liability is contested, it becomes necessary to bring a lawsuit. The Defendant will then have the opportunity to respond to the complaint.

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

Duty of Care

In a case of negligence, the plaintiff has to prove that the defendant owed a duty of care towards them. The majority of people owe this obligation to everyone else, but individuals who get behind the driving wheel of a motorized vehicle have an even higher duty to the people 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 in the same circumstances to determine a reasonable standard of care. In cases of medical malpractice expert witnesses are typically required. Experts with a higher level of expertise in a particular field may be held to an even higher standard of care than other individuals in similar situations.

A breach of a person's duty of care could cause injury to a victim or their property. The victim must show that the defendant's infringement of their duty resulted in the damage and injury they suffered. Proving causation is an essential aspect of any negligence claim which involves investigating both the primary causes of the injury damages as well as the proximate reason for the damage or injury.

If someone is driving through the stop sign it is likely that they will be hit by another vehicle. If their car is damaged, they will be required to pay for repairs. The reason for a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

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

For instance, a doctor, has a number of professional duties towards his patients. These professional obligations stem from the law of the state and licensing bodies. Drivers have a duty to be considerate of other drivers and pedestrians, as well as to follow traffic laws. A driver who breaches this duty and results in an accident is responsible for the injuries of the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of a duty of care and then prove that the defendant did not satisfy the standard through his actions. It is a question of fact that the jury has to decide whether the defendant complied with the standard or not.

The plaintiff must also prove that the defendant's breach was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For instance it is possible that a defendant crossed a red light, but the action wasn't the proximate reason for your bicycle crash. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle accident law firm vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. For instance, if the plaintiff suffered a neck injury from a rear-end collision the lawyer could argue that the collision caused the injury. Other factors that are essential to cause the collision, like being in a stationary car, are not considered to be culpable and therefore do not affect the jury's decision of liability.

It could be more difficult to prove a causal link between a negligent act, and the plaintiff's psychological problems. It may be because the plaintiff has a rocky past, a poor relationship with their parents, or is a user of drugs or alcohol.

It is important to consult an experienced attorney in the event that you've been involved in a serious car accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, as well as motor vehicle accident lawsuits vehicle accident cases. Our lawyers have formed working relationships with independent doctors in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

The damages plaintiffs can seek in motor vehicle litigation include both economic and non-economic damages. The first category of damages covers the costs of monetary value that are easily added together and summed up into an overall amount, including medical treatments and lost wages, repairs to property, and even the possibility of future financial loss, like a diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, including the suffering of others and the loss of enjoyment, which cannot be reduced to a monetary amount. However these damages must be established to exist with the help of extensive evidence, such as deposition testimony from plaintiff's close friends and family members medical records, other expert witness testimony.

In the event of multiple defendants, lawyers courts will typically apply the rules of comparative fault to determine the amount of damages to be divided between them. This requires the jury to determine the amount of fault each defendant incurred in the accident, and then divide the total damages awarded by the percentage of fault. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of those cars and trucks. The subsequent analysis of whether the presumption of permissiveness applies is not straightforward and usually only a convincing evidence that the owner explicitly was not granted permission to operate the car will overcome it.