Motor Vehicle Litigation

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

New York has a pure comparative negligence rule. This means that when a jury finds you to be responsible for an accident the damages you incur will be reduced based on your percentage of fault. This rule is not applicable to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence suit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. Most people owe this duty to everyone else, but those who take the driving wheel of a motorized vehicle have a greater obligation to other people in their field of activity. This includes ensuring that there are no accidents in motor vehicles.

In courtrooms, the standard of care is determined by comparing the actions of an individual to what a normal person would do under similar conditions. Expert witnesses are often required in cases of medical malpractice. Experts who have a superior understanding of a specific area may also be held to an even higher standard of care than others in similar situations.

A breach of a person's obligation of care can cause harm to a victim or their property. The victim is then required to establish that the defendant's breach of their duty resulted in the injury and damages that they have suffered. Causation is a key element of any negligence claim. It requires proving both the actual and proximate causes of the injuries and damages.

For instance, if someone is stopped at a red light and is stopped, they will be hit by another car. If their car is damaged, they will be responsible for the repairs. The actual cause of a crash could be a brick cut which develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty by a defendant. This must be proved for compensation for a personal injury claim. A breach of duty is when the actions of the person at fault are insufficient to what a normal person would do under similar circumstances.

For Motor vehicle accident lawsuits instance, a doctor is a professional with a range of professional duties towards his patients. These obligations stem from the law of the state and licensing authorities. Motorists have a duty of care to other drivers and pedestrians to drive safely and observe traffic laws. If a driver violates this obligation and causes an accident is responsible for the injuries of the victim.

A lawyer can rely on the "reasonable people" standard to demonstrate that there is a duty of care and then show that the defendant did not adhere to this standard with his actions. The jury will decide if the defendant complied with or did not meet the standard.

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

Causation

In Motor vehicle accident Lawsuits vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and his or her injuries. If a plaintiff suffered neck injuries as a result of a rear-end accident the attorney for the plaintiff would argue that the accident caused the injury. Other elements that could have caused the collision, like being in a stationary vehicle are not considered to be culpable and will not impact the jury's decision on the degree of fault.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms could be more difficult to establish. It could be because the plaintiff has a rocky past, has a bad relationship with their parents, or has used alcohol or drugs.

If you've been involved in a serious motor vehicle crash it is crucial to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents commercial and business litigation, and personal injury cases. Our lawyers have established working relationships with independent medical professionals across a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle accident law firm vehicle litigation, a plaintiff may get both economic and non-economic damages. The first category of damages includes any monetary costs that can be easily added to calculate the sum of medical treatment or lost wages, property repairs, and even future financial losses like diminished earning capacity.

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

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages that must be divided between them. The jury must decide the amount of fault each defendant carries for the incident and then divide the total amount of damages awarded by the percentage. New York law however, doesn't allow this. 1602 specifically excludes 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 of permissiveness applies is complicated and typically only a convincing evidence that the owner has explicitly was not granted permission to operate the vehicle will overcome it.