Motor Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. The defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines that you are responsible for an accident the amount of damages you will be reduced based on your percentage of fault. This rule does not apply to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a negligence suit the plaintiff has to prove that the defendant was obligated to act with reasonable care. This duty is due to everyone, but those who operate vehicles owe an even greater obligation to other drivers in their field. This includes not causing motor vehicle accidents.

In courtrooms the standards of care are determined by comparing an individual's conduct to what a normal person would do in similar conditions. Expert witnesses are frequently required in cases of medical malpractice. Experts with a superior understanding of specific fields could be held to a higher standard of treatment.

If someone violates their duty of care, it may cause harm to the victim and/or their property. The victim must then demonstrate that the defendant's violation of their duty led to the injury and damages that they suffered. Causation is a key element of any negligence claim. It requires proving both the proximate and real causes of the injuries and damages.

If a person is stopped at an stop sign and fails to obey the stop sign, they could be struck by a vehicle. If their car is damaged, they will be responsible for the repairs. But the actual cause of the crash could be a cut or bricks that later develop into a potentially dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. It must be proven in order to receive compensation for a personal injury claim. A breach of duty is when the actions taken by the at-fault person are insufficient to what an ordinary person would do in similar circumstances.

A doctor, for example, has a number of professional obligations towards his patients. These professional obligations stem from the law of the state and licensing authorities. Drivers are obliged to be considerate of other drivers and pedestrians, and follow traffic laws. If a driver violates this obligation of care and results in an accident, the driver is responsible for the injury suffered by the victim.

A lawyer can rely on the "reasonable person" standard to establish the existence of a duty of care and then show that the defendant did not meet the standard in his actions. It is a matter of fact that the jury has to decide whether the defendant complied with the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light, but that wasn't what caused the accident on your bicycle. This is why causation is often challenged by the defendants in cases of crash.

Causation

In motor vehicle accidents, the plaintiff must prove an causal link between breach of the defendant and the injuries. If the plaintiff sustained neck injuries as a result of an accident with rear-end damage the attorney for the plaintiff will argue that the crash was the reason for the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle, are not culpable, and will not impact the jury's determination of the fault.

For psychological injuries, however, the link between a negligent act and the affected plaintiff's symptoms can be more difficult to establish. It could be the case that the plaintiff has a rocky background, a strained relationship with their parents, or has used drugs or alcohol.

If you've been involved in a serious motor vehicle accident it is crucial to consult with an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in various specialties, as well as experts in computer simulations as well as reconstruction of accidents.

Damages

The damages plaintiffs can seek in a motor vehicle accident law firms vehicle lawsuit include both economic and non-economic damages. The first type of damages encompasses all costs that can easily be added up and calculated as the total amount, which includes medical treatments as well as lost wages, repairs to property, and even future financial loss, like a diminished earning capacity.

New York law recognizes that non-economic damages, such as suffering and motor Vehicle accident pain, as well as loss of enjoyment cannot be reduced to cash. However these damages must be proved to exist through extensive evidence, including deposition testimony of the plaintiff's close friends and family members medical records, other expert witness testimony.

In the event of multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of damages to be split between them. The jury will determine the amount of fault each defendant is accountable for the incident, and divide the total amount of damages awarded by that percentage. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of those cars and trucks. The subsequent analysis of whether the presumption of permissive usage applies is not straightforward and usually only a clear showing that the owner specifically was not granted permission to operate the vehicle will overcome it.