motor vehicle accident lawyers Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant will then be given the chance to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds that you were at fault for an accident and you are found to be at fault, your damages will be reduced according to your percentage of fault. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence suit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. This duty is due to everyone, but people who drive a vehicle owe an even greater duty to others in their field. This includes not causing accidents with motor vehicles.

In courtrooms the standard of care is determined by comparing an individual's actions to what a normal person would do under similar conditions. This is why expert witnesses are frequently required in cases of medical malpractice. Experts who have a superior understanding in a particular field may also be held to an even higher standard of care than other people in similar situations.

A person's breach of their obligation of care can cause harm to a victim or their property. The victim is then required to prove that the defendant's breach of duty caused the harm and damages they have suffered. Proving causation is a critical aspect of any negligence claim and involves considering both the actual causes of the injury damages as well as the proximate reason for the injury or damage.

For instance, if a driver is stopped at a red light then it's likely that they will be hit by a car. If their car is damaged, they'll have to pay for the repairs. But the reason for the crash might be a cut or bricks that later develop into a deadly infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. This must be proved in order to be awarded compensation for a personal injury claim. A breach of duty occurs when the actions of the party at fault fall short of what an average person would do in similar circumstances.

For instance, a physician has a variety of professional obligations to his patients stemming from the law of the state and licensing boards. Drivers have a duty to care for other drivers and pedestrians, and obey traffic laws. If a driver violates this duty of care and creates an accident, he is liable for the victim's injuries.

Lawyers can rely on the "reasonable person" standard to establish the existence of a duty of care and then prove that the defendant failed to meet that standard in his actions. It is a matter of fact for the jury to decide if the defendant fulfilled the standard or not.

The plaintiff must also establish that the breach of duty of the defendant was the proximate cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant could have driven through a red light but that's not what caused the crash on your bicycle. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. If the plaintiff suffered a neck injury in an accident with rear-end damage, his or her attorney will argue that the incident was the cause of the injury. Other elements that could have caused the collision, like being in a stationary vehicle are not culpable and will not affect the jury’s determination of fault.

For psychological injuries However, the connection between negligence and the injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff had troubles in his or her childhood, had a difficult relationship with his or her parents, used alcohol and drugs or had prior unemployment could have a influence on the severity of the psychological issues suffers following a crash, but the courts typically consider these factors as an element of the background conditions from which the plaintiff's accident resulted rather than an independent cause of the injuries.

If you've been involved in a serious motor Vehicle accident law Firms vehicle crash it is essential to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident as well as business and commercial litigation, and personal injury cases. Our lawyers have established working relationships with independent doctors in many areas of expertise as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages that plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first type of damages includes any monetary costs that are easily added to calculate the sum of medical expenses loss of wages, property repair, and even future financial losses, such as diminished earning capacity.

New York law also recognizes the right to seek non-economic damages like pain and suffering as well as loss of enjoyment, which cannot be reduced to a dollar amount. These damages must be established through extensive evidence like depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases that involve multiple defendants, Courts will often use comparative negligence rules to determine how much of the damages award should be allocated between them. The jury must decide the percentage of fault each defendant is accountable for the incident and then divide the total damages awarded by that percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of those cars and trucks. The resulting analysis of whether the presumption of permissive usage is applicable is a bit nebulous, and typically only a clear showing that the owner explicitly was not granted permission to operate the car will overcome it.