Motor Vehicle Litigation

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

New York has a pure comparative negligence rule. This means that in the event that a jury determines you to be responsible for an accident the amount of damages you will be reduced based on your percentage of blame. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence lawsuit the plaintiff must show that the defendant was obligated to exercise reasonable care. This duty is owed by all, but those who drive a vehicle owe an even greater duty to other drivers in their field. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms examine an individual's conduct to what a typical individual would do under similar circumstances to establish what is a reasonable standard of care. In cases of medical malpractice, expert witnesses are usually required. People who have superior knowledge in a particular field can also be held to an higher standard of care than other individuals in similar situations.

A person's breach of their duty of care can cause harm to a victim, or their property. The victim is then required to show that the defendant violated their duty and caused the harm or damages they suffered. The proof of causation is an essential part of any negligence case and involves investigating both the primary cause of the injury or damages, as well as the causal cause of the injury or damage.

If someone is driving through the stop sign then they are more likely to be hit by another vehicle. If their vehicle is damaged, they'll be responsible for repairs. The cause of a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proven to win compensation in a personal injury claim. A breach of duty is when the actions taken by the at-fault person fall short of what a normal person would do under similar circumstances.

For instance, a doctor has several professional duties to his patients, arising from state law and licensing boards. Motorists owe a duty care to other drivers and pedestrians on the road to drive in a safe manner and adhere to traffic laws. Any driver who fails to adhere to this duty and creates an accident is accountable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable person" standard to establish the existence of the duty of care, and then prove that the defendant did not satisfy the standard through his actions. It is a matter of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also prove that the breach by the defendant was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. For example, a defendant may have crossed a red line, but it's likely that his or her actions wasn't the proximate cause of your bike crash. In this way, the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle accidents, the plaintiff must prove an causal link between defendant's breach and their injuries. For example, if the plaintiff sustained neck injuries as a result of an accident that involved rear-ends and their lawyer will argue that the collision caused the injury. Other elements that are required to cause the collision, like being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's decision of the liability.

For psychological injuries However, the connection between an act of negligence and an injured plaintiff's symptoms could be more difficult to establish. It could be because the plaintiff has a turbulent background, a strained relationship with their parents, or has used alcohol or drugs.

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

Damages

The damages plaintiffs can claim in a motor vehicle accident law firm vehicle lawsuit include both economic and non-economic damages. The first type of damages covers any monetary costs that can be easily added up and calculated as a sum, such as medical treatment or lost wages, property repairs, and even future financial losses like a diminished earning capacity.

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

In cases that involve multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the total damages awarded should be split between them. The jury must determine the proportion of fault each defendant has for the accident, 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 with respect to injuries sustained by the driver of these trucks and cars. The subsequent analysis of whether the presumption of permissive use applies is complicated, and typically only a clear evidence that the owner has explicitly did not have permission to operate his car will be sufficient to overcome it.