Motor Vehicle Litigation

If the liability is challenged in court, it becomes necessary to bring a lawsuit. The defendant will then be given the opportunity to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you to be at fault for causing an accident the damages awarded will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles rented out or leased to minors.

Duty of Care

In a negligence case, motor vehicle accidents the plaintiff has to prove that the defendant had an obligation of care to them. Nearly everyone owes this obligation to everyone else, but those who are behind the steering wheel of a motor vehicle accident lawsuits vehicle have an even higher duty to other people in their field of operation. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms assess an individual's actions to what a typical person would do under similar circumstances to determine what constitutes an acceptable standard of care. Expert witnesses are frequently required when cases involve medical malpractice. Experts with a higher level of expertise of a specific area may be held to an higher standard of care than others in similar situations.

A breach of a person's duty of care can cause harm to a victim or their property. The victim has to prove that the defendant's breach of their duty resulted in the harm and damages they sustained. Proving causation is a critical aspect of any negligence case and requires looking at both the actual causes of the injury damages as well as the proximate cause of the damage or injury.

For instance, if a driver runs a red light there is a good chance that they'll be struck by a vehicle. If their car is damaged, they will be required to pay for repairs. But the reason for the crash might be a cut in the brick, which then develops into a potentially dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proved in order to secure compensation in a personal injury case. A breach of duty happens when the actions of a party who is at fault aren't in line with what reasonable people would do in similar circumstances.

A doctor, for example has a variety of professional duties towards his patients. These professional obligations stem from laws of the state and licensing bodies. Drivers are bound to be considerate of other drivers and pedestrians, and adhere to traffic laws. If a motorist violates this obligation of care and creates an accident, he is responsible for the victim's injuries.

Lawyers can rely on the "reasonable person" standard to establish the existence of a 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 complied with or did not meet the standards.

The plaintiff must also demonstrate that the defendant's negligence was the direct cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant may have run through a red light, but that's not the cause of your bicycle accident. In this way, causation is often contested by the defendants in cases of crash.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. For instance, if a plaintiff sustained an injury to his neck in a rear-end collision the lawyer will argue that the collision was the cause of the injury. Other factors that are necessary for the collision to occur, such as being in a stationary vehicle, are not culpable, and do not affect the jury's determination of liability.

It may be harder to establish a causal relationship between an act of negligence and the plaintiff's psychological problems. It could be because the plaintiff has a rocky background, a strained relationship with their parents, or has been a user of drugs or alcohol.

It is important to consult an experienced lawyer if you have been involved in a serious motor accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accident cases, business and commercial litigation, and personal injury cases. Our lawyers have established working relationships with independent physicians in different specialties, as well experts in computer simulations and reconstruction of accidents.

Damages

In motor vehicle accident lawsuits vehicle litigation, a plaintiff could get both economic and non-economic damages. The first type of damages covers any monetary costs that can easily be added up and calculated as an amount, like medical treatment and lost wages, property repairs, and even future financial losses, such as diminished earning capacity.

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

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of damages that should be divided between them. The jury must determine the percentage of fault each defendant has for motor vehicle accidents the incident, and divide the total amount of damages awarded by the percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of those cars and trucks. The subsequent analysis of whether the presumption that permissive use applies is not straightforward and usually only a clear showing that the owner explicitly denied permission to operate the car will overcome it.