Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, if a jury finds you to be responsible for an accident the amount of damages you will be reduced according to your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are rented or leased by minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant owed the duty of care toward them. Nearly everyone owes this obligation to everyone else, however those who take the car have a greater obligation to the other drivers in their zone of activity. This includes not causing accidents in motor vehicle accident law firm vehicles.

In courtrooms the quality of care is determined by comparing the actions of an individual against what a normal individual would do under similar conditions. In the event of medical negligence expert witnesses are typically required. Experts with a higher level of expertise in a particular field may be held to an even higher standard of care than others in similar situations.

If someone violates their duty of care, it may cause injury to the victim or Motor Vehicle Accident Lawsuits their property. The victim must prove that the defendant breached their obligation and caused the damage or damage that they suffered. Causation is a key element of any negligence claim. It requires proving both the proximate and actual causes of the injury and damages.

For instance, if a driver runs a red stop sign and is stopped, they'll be struck by a car. If their car is damaged they'll be responsible for the repairs. The reason for the crash could be a cut or the brick, which then develops into a deadly infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that must be proved to obtain compensation in a personal injury lawsuit. A breach of duty is when the actions taken by the at-fault person are insufficient to what a normal person would do under similar circumstances.

A doctor, for instance, has a variety of professional obligations to his patients based on the law of the state and licensing boards. Motorists owe a duty of care to other drivers and pedestrians on the road to drive in a safe manner and adhere to traffic laws. If a driver violates this duty of care and results in an accident, the driver is responsible for the injury suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of the duty of care and then show that the defendant did not comply with the standard in his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also prove that the defendant's negligence was the direct cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For example, a defendant may have been a motorist who ran a red light, but it's likely that his or her actions was not the primary cause of the crash. Because of this, causation is often challenged by defendants in collision cases.

Causation

In motor vehicle accidents, the plaintiff must establish a causal link between the defendant's breach and their injuries. If a plaintiff suffers an injury to the neck in a rear-end accident, his or her attorney would argue that the accident was the cause of the injury. Other factors that contributed to the collision, such as being in a stationary vehicle are not culpable and won't affect the jury's determination of the degree of fault.

It can be difficult to establish a causal link between a negligent act and the psychological issues of the plaintiff. It may be because the plaintiff has a troubled background, a strained relationship with their parents, or has been a user of drugs or alcohol.

It is crucial to consult an experienced attorney should you be involved in a serious motor vehicle accident lawsuits accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors across a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first category of damages is all costs that can easily be summed up and calculated into an overall amount, including medical expenses as well as lost wages, repairs to property, and even the possibility of future financial loss, such loss of earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment of life cannot be reduced to monetary value. The proof of these damages is through extensive evidence like depositions from family members and friends of the plaintiff, medical records, or motor vehicle accident lawsuits other expert witness testimony.

In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine how much of the damages awarded should be divided between them. The jury has to determine the percentage of fault each defendant is responsible for the incident and then divide the total amount of damages awarded by that percentage. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of the vehicles. The subsequent analysis of whether the presumption that permissive use applies is complicated and usually only a clear proof that the owner specifically did not have permission to operate his car will overcome it.