Motor Vehicle Litigation

When liability is contested and the liability is disputed, it is necessary to bring a lawsuit. The defendant then has the opportunity to respond to the complaint.

New York follows pure comparative fault rules which means that if the jury finds that you are responsible for causing the accident, your damages award will be reduced by your percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a case of negligence the plaintiff must prove that the defendant owed the duty of care toward them. This duty is due to all people, however those who operate vehicles owe an even greater obligation to other drivers in their field. 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 with what a typical person would do in similar circumstances. This is why expert witnesses are often required in cases involving medical negligence. Experts who have a superior understanding in a particular field may also be held to an even higher standard of care than other people in similar situations.

A person's breach of their duty of care could cause injury to a victim or their property. The victim is then required to show that the defendant violated their duty and caused the harm or damage they sustained. Causation proof is a crucial aspect of any negligence claim which involves considering both the actual basis of the injury or damages as well as the proximate reason for the damage or injury.

For instance, if a person has a red light there is a good chance that they'll be struck by another car. If their car is damaged, they will be required to pay for repairs. However, the real cause of the crash could be a cut in bricks that later develop into a serious infection.

Breach of Duty

A breach of duty by a defendant is the second factor of negligence that must be proved in order to receive compensation in a personal injury lawsuit. 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 many professional obligations towards his patients, which stem from state law and licensing bodies. Drivers are bound to care for other drivers and pedestrians, and obey traffic laws. If a motorist violates this duty of care and results in an accident, the driver is liable for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then demonstrate that the defendant failed to meet that standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also establish that the breach of duty by the defendant was the primary cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant may have run through a red light however, that's not the reason for the accident on your bicycle. For this reason, causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. If the plaintiff sustained an injury to the neck in an accident with rear-end damage, his or her attorney would argue that the accident was the reason for the injury. Other factors that are needed to cause the collision, like being in a stationary car, are not culpable and do not affect the jury's decision of liability.

For Motor vehicle accident attorneys psychological injuries However, the connection between a negligent act and an affected plaintiff's symptoms can be more difficult to establish. It may be because the plaintiff has had a difficult background, a strained relationship with their parents, or has abused alcohol or drugs.

It is essential to speak with an experienced lawyer in the event that you've been involved in a serious car accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation, as well as Motor vehicle accident attorneys vehicle accident cases. Our lawyers have established working relationships with independent medical professionals in a range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, and with private investigators.

Damages

In motor vehicle accident lawsuits vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first type of damages is all financial costs that can be easily added together and summed up into a total, for example, medical treatment and lost wages, repairs to property, and even future financial loss, such a diminished earning capacity.

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

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine the proportion of damages awarded should be split between them. The jury must decide the proportion of fault each defendant has for the incident and then divide the total amount of damages awarded by that percentage. New York law however, does not permit this. 1602 does not exempt vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of cars or trucks. The resulting analysis of whether the presumption that permissive use applies is complicated and usually only a clear evidence that the owner has explicitly denied permission to operate the vehicle will be able to overcome it.