Motor Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. The defendant is entitled to respond to the complaint.

New York has a pure comparative negligence rule. This means that in the event that a jury determines you to be at fault for an accident, your damages will be reduced according to your percentage of fault. There is a caveat to this rule: CPLR SS 1602 excludes the owners of vehicles that are rented or leased by minors.

Duty of Care

In a negligence suit, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. Almost everybody owes this duty to everyone else, however those who are behind the car have a higher obligation to others in their area of activity. This includes ensuring that there are no accidents in springfield motor vehicle accident law firm vehicles.

Courtrooms assess an individual's actions with what a normal person would do in the same conditions to determine reasonable standards of care. This is why expert witnesses are often required in cases involving medical malpractice. People with superior knowledge in particular fields may be held to a greater 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 duty of care and caused the injury or damages they sustained. Causation is an essential element of any negligence claim. It requires proof of both the primary and secondary causes of the injury and damages.

If a person is stopped at a stop sign, they are likely to be hit by a car. If their car is damaged they will be responsible for the repairs. But the actual cause of the crash might be a cut in bricks, which later turn into a serious infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved to obtain compensation in a personal injury suit. A breach of duty occurs when the actions of the party at fault aren't in line with what reasonable people would do in similar circumstances.

For instance, a doctor is required to perform a number of professional duties for his patients based on the law of the state and licensing boards. Motorists are required to show care to other drivers and pedestrians to drive safely and obey traffic laws. If a motorist violates this obligation of care and creates an accident, he is responsible for the victim's injuries.

A lawyer can rely on the "reasonable person" standard to establish the existence of the duty of care and then demonstrate that the defendant did not comply with the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also demonstrate that the breach by the defendant was the direct cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For instance, a defendant may have crossed a red line, however, the act wasn't the main cause of your bike crash. In this way, causation is often challenged by defendants in collision cases.

Causation

In motor vehicle cases the plaintiff must prove a causal link between the defendant's breach and their injuries. If a plaintiff suffers neck injuries as a result of a rear-end accident the attorney for the plaintiff will argue that the crash caused the injury. Other factors that are necessary to cause the collision, like being in a stationary car is not culpable and will not influence the jury's decision on the degree of fault.

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

It is crucial to consult an experienced attorney in the event that you've been involved in a serious motor vehicle accident. 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 crash cases. Our lawyers have formed working relationships with independent physicians in a wide range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators.

Damages

The damages a plaintiff may recover in motor motor vehicle accident vehicle litigation include both economic and non-economic damages. The first type of damages is all costs that are easily added together and calculated into the total amount, which includes medical treatment as well as lost wages, repairs to property, and even future financial loss, for instance diminished earning capacity.

New York law also recognizes the right to recover non-economic damages such as pain and suffering as well as loss of enjoyment of life which cannot be reduced to a monetary amount. These damages must be proved through extensive evidence such as depositions of family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages awarded should be divided between them. The jury must determine the degree of fault each defendant incurred in the accident and to then divide the total damages award by the percentage of fault. New York law however, doesn't allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in cases where injuries are sustained by the drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive usage applies is complicated, and typically only a clear showing that the owner was explicitly refused permission to operate the vehicle will overcome it.