Motor Vehicle Litigation

When liability is contested, it becomes necessary to bring a lawsuit. The defendant has the right to respond to the Complaint.

New York follows pure comparative fault rules, which means that should a jury find you responsible for the crash the amount of damages awarded will be reduced by the percentage of negligence. This rule does not apply to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant was bound by an obligation of care to them. Almost everybody owes this duty to everyone else, but individuals who get behind the wheel of a motor vehicle accident lawsuit vehicle have an even higher duty to the people in their area of activity. This includes ensuring that they don't cause motor vehicle accidents.

In courtrooms, the standard of care is established by comparing an individual's actions with what a typical person would do in the same conditions. Expert witnesses are often required in cases involving medical negligence. Experts who have a greater understanding of a certain field may be held to a greater standard of treatment.

A person's breach of their obligation of care can cause injury to a victim or their property. The victim is then required to prove that the defendant's breach of their duty caused the harm and damages they have suffered. Causation is an essential element of any negligence claim. It requires proving both the proximate and real causes of the injury and damages.

For instance, if a driver has a red light, it's likely that they will be hit by a vehicle. If their vehicle is damaged, they'll be responsible for the repairs. The reason for the accident could be a cut or the brick, which then develops into a deadly infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proven to win compensation in a personal injury suit. A breach of duty occurs when the actions of the person at fault are not in line with what reasonable people would do in similar circumstances.

A doctor, for example has many professional duties towards his patients, which stem from the law of the state and licensing authorities. Motorists are required to show care to other motorists and pedestrians to be safe and follow traffic laws. When a driver breaches this duty of care and results in an accident, the driver is liable for the injuries suffered by the victim.

A lawyer can use the "reasonable person" standard to prove the existence of a duty of care and then demonstrate that the defendant did not meet that standard in his actions. It is a matter of fact for the jury to decide if the defendant met the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. For example the defendant could have run a red light but it's likely that his or her actions was not the primary cause of your bicycle crash. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle cases the plaintiff must establish that there is a causal connection between the breach of the defendant and the injuries. If a plaintiff suffers an injury to the neck in a rear-end accident then his or her attorney will argue that the incident was the cause of the injury. Other elements that could have caused the collision, like being in a stationary car are not culpable and will not influence the jury’s determination of the degree of fault.

For psychological injuries, however, the link between an act of negligence and an affected plaintiff's symptoms can be more difficult to establish. It could be the case that the plaintiff has a turbulent past, motor vehicle accident has a bad relationship with their parents, or has been a user of drugs or alcohol.

If you've been involved in a serious motor vehicle accident, it is important to speak with a seasoned attorney. The attorneys at Arnold & Clifford, LLP have years of experience 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 expert witnesses in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a plaintiff may get both economic and non-economic damages. The first type of damages includes all monetary costs which are easily added together and calculated as the total amount, which includes medical treatment and 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 pain, and loss of enjoyment of living cannot be reduced to cash. However the damages must be established to exist with the help of extensive evidence, such as deposition testimony from the plaintiff's close family members and friends medical records, other expert witness testimony.

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine how much of the total damages awarded should be split between them. The jury must determine how much responsibility each defendant was responsible for the incident and then divide the total amount of damages by the percentage of blame. New York law however, motor vehicle accident does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these trucks and cars. The analysis to determine whether the presumption of permissiveness is complicated. In general, only a clear demonstration that the owner did not grant permission for the driver to operate the vehicle will be able to overcome the presumption.