Motor Vehicle Litigation

When liability is contested then it is necessary to file a lawsuit. The defendant will then be given the opportunity 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 accident the damages awarded will be reduced by your percentage of negligence. This rule does not apply to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a case of negligence, the plaintiff has to prove that the defendant was bound by the duty of care towards them. This duty is owed to all, but those who operate a vehicle have an even higher duty to other drivers in their field. This includes ensuring that they don't cause motor vehicle accidents.

Courtrooms evaluate an individual's behavior with what a normal person would do in similar circumstances to determine what constitutes a reasonable standard of care. In the case of medical malpractice experts are often required. Experts with a superior understanding of the field could be held to a higher standard of medical care.

A person's breach of their duty of care may cause harm to a victim or their property. The victim then has to show that the defendant violated their duty and caused the harm or damage they sustained. Causation is an important part of any negligence claim. It involves proving both the primary and secondary causes of the injuries and damages.

For instance, if a driver is stopped at a red light there is a good chance that they'll be struck by another car. If their vehicle is damaged, they'll have to pay for the repairs. However, the real cause of the accident could be a cut in bricks that later develop into a deadly infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proved in order to receive compensation in a personal injury suit. A breach of duty happens when the at-fault party's actions are not in line with what a reasonable person would do in similar circumstances.

A doctor, for instance, has several professional duties to his patients that are governed by state law and licensing boards. Motorists are required to show care to other motorists and pedestrians on the road to drive safely and observe traffic laws. A driver who breaches this obligation and causes an accident is accountable for the injuries sustained by the victim.

Lawyers can use the "reasonable people" standard to establish that there is a duty of prudence and then show that defendant failed to meet this standard in his conduct. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also prove that the defendant's negligence was the sole cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant could have driven through a red light but that's not what caused the crash on your bicycle. For this reason, causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle accidents, the plaintiff must establish a causal link between breach by the defendant and their injuries. For example, if the plaintiff sustained a neck injury from an accident that involved rear-ends and his or her lawyer would argue that the collision caused the injury. Other factors that are needed to cause the collision, such as being in a stationary vehicle are not culpable and do not affect the jury's decision of liability.

For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff suffered from a troubles in his or her childhood, had a difficult relationship with their parents, experimented with alcohol and drugs, or suffered previous unemployment may have some influence on the severity the psychological issues suffers from following an accident, but courts typically consider these factors as part of the background circumstances that led to the accident from which the plaintiff's injury arose rather than an independent reason for the injuries.

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

Damages

In motor vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first category of damages encompasses all costs that can easily be summed up and calculated as a total, for example, medical treatments 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, as well as loss of enjoyment, cannot be reduced to monetary value. However, these damages must be proven to exist through extensive evidence, including deposition testimony from plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages to be divided between them. The jury must determine how much responsibility each defendant incurred in the accident and then divide the total amount of damages by the percentage of fault. New York law however, does not allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of cars or trucks. The resulting analysis of whether the presumption of permissiveness applies is complicated, and typically only a clear evidence that the owner explicitly was not granted permission to operate the vehicle will be able to overcome it.