Motor Vehicle Litigation

If the liability is challenged in court, it becomes necessary to file a lawsuit. The Defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, when a jury finds you to be responsible for an accident the amount of damages you will be reduced based on your percentage of blame. This rule does not apply to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. This duty is due to all, but those who operate vehicles owe an even greater obligation to others in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the standard of care is established by comparing the actions of an individual to what a normal person would do in the same situations. Expert witnesses are frequently required in cases of medical malpractice. Experts who have a greater understanding of a certain field may be held to a higher standard of medical care.

When someone breaches their duty of care, it could cause damage to the victim as well as their property. The victim is then required to prove that the defendant acted in breach of their duty of care and caused the injury or damage they sustained. The proof of causation is an essential part of any negligence case which involves taking into consideration both the real cause of the injury or damages and the proximate cause of the injury or damage.

For instance, if a person runs a red light and is stopped, they will be hit by a vehicle. If their vehicle is damaged, they will be required to pay for repairs. But the actual cause of the accident could be a cut or the brick, which then develops into a serious infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. It must be proven in order to be awarded compensation for personal injury claims. 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.

A doctor, for instance is a professional with a range of professional duties towards his patients that are derived from the law of the state and licensing authorities. Motorists have a duty of care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. If a driver violates this duty of care and causes an accident, he is liable for the victim's injuries.

A lawyer can rely on the "reasonable person" standard to establish the existence of the duty of care and then show that the defendant did not meet that standard in his actions. It is a question of fact that the jury has to decide if the defendant met the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the sole cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example it is possible that a defendant run a red light but his or her action was not the primary cause of your bike crash. The issue of causation is often challenged in crash cases by defendants.

Causation

In revere motor vehicle accident attorney vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. If a plaintiff suffered a neck injury in an accident with rear-end damage the attorney for the plaintiff would argue that the accident was the reason for the injury. Other factors that are necessary to cause the collision, such as 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.

It could be more difficult to establish a causal relationship between an act of negligence and the plaintiff's psychological symptoms. It may be because the plaintiff has a rocky past, has a bad relationship with their parents, or is a user of drugs or alcohol.

It is essential to speak with an experienced lawyer should you be involved in a serious accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation, and troy Motor vehicle accident Lawyer vehicle crash cases. Our lawyers have formed working relationships with independent medical professionals with a variety of specialties including expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff may be able to recover both economic and noneconomic damages. The first type of damages includes all monetary costs which are easily added together and calculated as an overall amount, including medical expenses or lost wages, repair to property, and even future financial losses, such as a diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, including the suffering of others and the loss of enjoyment, which cannot be reduced to a monetary amount. These damages must be established through extensive evidence like depositions from family members and friends of the plaintiff medical records, depositions, 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 divided between them. The jury must determine the amount of fault each defendant was responsible for the accident, and then divide the total amount of damages by that percentage of the fault. New York law however, does not allow for this. 1602 excludes vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of cars or trucks. The analysis to determine whether the presumption of permissiveness is complex. The majority of the time it is only a clear evidence that the owner did not grant permission for the driver to operate the vehicle will overrule the presumption.