Motor Vehicle Litigation

When a claim for liability is litigated, it becomes necessary to make a complaint. The defendant has the right to respond to the Complaint.

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

Duty of Care

In a negligence case the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. The majority of people owe this obligation to everyone else, but individuals who get behind the steering wheel of a motor vehicle have a higher obligation to others in their area of activity. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms assess an individual's actions with what a normal person would do under similar conditions to determine an acceptable standard of care. This is why expert witnesses are often required in cases of medical malpractice. People with superior knowledge in the field could be held to a greater standard of treatment.

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

For example, if someone runs a red light there is a good chance that they'll be hit by a car. If their vehicle is damaged, they will be responsible for the repairs. But the reason for the accident could be a cut on bricks that later develop into a serious infection.

Breach of Duty

The second element of negligence is the breach of duty by an individual defendant. The breach of duty must be proved in order to obtain compensation for personal injury claims. A breach of duty occurs when the actions of a party who is at fault fall short of what a reasonable person would do in similar circumstances.

A doctor, for instance, has several professional duties to his patients stemming from state law and licensing boards. Drivers are obliged to protect other motorists and pedestrians, and to respect traffic laws. When a driver breaches this duty of care and creates an accident, he is liable for the injuries sustained by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of the duty of care, and then demonstrate that the defendant failed to meet the standard in 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 demonstrate that the breach 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 and breach. A defendant may have run through a red light but that wasn't what caused the crash on your bicycle. Causation is often contested in crash cases by defendants.

Causation

In plainview motor vehicle accident law firm vehicle cases the plaintiff must establish a causal link between the defendant's breach and their injuries. If a plaintiff suffered neck injuries in a rear-end collision and his or her attorney will argue that the crash caused the injury. Other elements that could have caused the collision, like being in a stationary car, are not culpable, and will not impact the jury's determination of fault.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff had an unhappy childhood, a poor relationship with his or her parents, abused alcohol and drugs or previous unemployment may have some bearing on the severity of the psychological issues he or is suffering from following an accident, but courts typically look at these factors as part of the context that caused the accident occurred, rather than as an independent cause of the injuries.

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

Damages

The damages that plaintiffs can claim in midfield motor vehicle accident lawsuit vehicle litigation can include both economic and non-economic damages. The first category of damages covers any monetary costs that can easily be added to calculate a sum, such as medical expenses, lost wages, property repairs, and even future financial losses, like a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, such as the suffering of others and the loss of enjoyment of life, which cannot be reduced to a monetary amount. However these damages must be established to exist using extensive evidence, including deposition testimony from the plaintiff's close family members and friends, medical records, and other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages award should be allocated between them. The jury must decide the proportion of fault each defendant is accountable for the accident, and divide the total damages awarded by the same percentage. New York law however, does not permit this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of these trucks and cars. The subsequent analysis of whether the presumption of permissive use applies is complicated and typically only a convincing evidence that the owner was explicitly denied permission to operate the vehicle will overcome it.