Motor Vehicle Litigation

A lawsuit is required when liability is contested. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules, which means that when a jury finds you to be at fault for causing the crash the amount of damages awarded will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles rented out or leased to minors.

Duty of Care

In a lawsuit for negligence the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. This duty is owed to everyone, but people who drive a vehicle owe an even higher duty to other people in their field. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms evaluate an individual's behavior with what a normal person would do under the same circumstances to establish what is a reasonable standard of care. In the case of medical malpractice experts are often required. People with superior knowledge in particular fields may be held to a greater standard of medical care.

When someone breaches their duty of care, it can cause harm to the victim and/or their property. The victim is then required to show that the defendant's infringement of their duty led to the injury and damages that they have suffered. Causation proof is a crucial element in any negligence case, and it involves looking at both the actual basis of the injury or damages as well as the proximate reason for the damage or injury.

For example, if someone runs a red light and is stopped, they will be hit by another car. If their car is damaged, they will need to pay for repairs. The actual cause of an accident could be a brick cut that causes an infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury claim. A breach of duty happens when the actions of the party at fault are not in line with what an average person would do in similar circumstances.

For example, a doctor has a variety of professional obligations to his patients stemming from the law of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. If a driver violates this obligation and results in an accident is responsible for the injuries suffered by the victim.

A lawyer can rely on the "reasonable people" standard to prove that there is a duty of care and then prove that the defendant did not adhere to this standard in his actions. It is a question of fact for the jury to decide whether the defendant complied with the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the direct cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For instance the defendant could have crossed a red light, however, the act wasn't the main reason for your bicycle crash. Because of this, causation is frequently disputed by defendants in collision cases.

Causation

In waverly motor vehicle accident lawsuit vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. If a plaintiff suffered an injury to the neck in a rear-end accident and his or her attorney would argue that the collision was the cause of the injury. Other factors that contributed to the collision, like being in a stationary car are not considered to be culpable and will not affect the jury's decision to determine the degree of fault.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It could be that the plaintiff has a troubled past, has a bad relationship with their parents, or is a user of alcohol or drugs.

If you've been involved in an accident that is serious to your vehicle, it is important to consult with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation and metropolis motor vehicle accident law firm vehicle accident cases. Our lawyers have formed working relationships with independent physicians in many specialties, as well as expert witnesses in computer simulations and accident reconstruction.

Damages

The damages that a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first type of damages covers all financial costs that can easily be summed up and summed up into the total amount, which includes medical treatment, lost wages, repairs to property, and even the possibility of future financial loss, like a diminished earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of life can't be reduced to financial value. However, these damages must be established to exist with the help of extensive evidence, including deposition testimony of the plaintiff's family members and close friends medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of total damages to be split between them. The jury must decide the percentage of fault each defendant is responsible for the incident and then divide the total amount of damages awarded by that percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of those cars and trucks. The process of determining whether the presumption of permissiveness is complicated. Typically the only way to prove that the owner did not grant permission to the driver to operate the vehicle can be sufficient to overturn the presumption.