motor vehicle accident lawsuits Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The Defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that if a jury finds that you were at fault for an accident, your damages will be reduced according to your percentage of fault. This rule is not applicable to the owners of vehicles that are that are rented or leased out to minors.

Duty of Care

In a negligence case the plaintiff must show that the defendant was obligated to exercise reasonable care. This duty is due to all, but those who operate a vehicle have an even greater duty to other people in their field. This includes ensuring that they don't cause motor vehicle accidents.

In courtrooms the standard of care is established by comparing the actions of an individual with what a normal person would do in the same circumstances. In the case of medical malpractice expert witnesses are typically required. People who have superior knowledge in a particular field can be held to the highest standards of care than other people in similar situations.

If someone violates their duty of care, it could cause damage to the victim as well as their property. The victim is then required to show that the defendant's infringement of their duty led to the damage and injury they sustained. Causation is an important part of any negligence claim. It involves proving the primary and secondary causes of the injury and damages.

If someone runs a stop sign it is likely that they will be hit by a car. If their vehicle is damaged, they'll be responsible for repairs. The reason for the crash could be a brick cut that causes an infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proved to obtain compensation in a personal injury lawsuit. A breach of duty is when the actions of the at-fault party fall short of what a normal person would do under similar circumstances.

For instance, a doctor motor vehicle accidents is a professional with a range of professional obligations to his patients. These professional obligations stem from the law of the state and licensing bodies. Drivers are bound to care for other drivers and pedestrians, and to follow traffic laws. A driver who breaches this obligation and results in an accident is responsible for the injuries sustained by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of the duty of care, and then show that the defendant failed to comply with the standard in his actions. It is a matter of fact for the jury to decide if the defendant complied with the standard or not.

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

Causation

In motor vehicle cases, the plaintiff must establish a causal link between breach by the defendant and their injuries. For instance, if the plaintiff suffered an injury to the neck as a result of a rear-end collision, his or her lawyer might argue that the collision was the cause of the injury. Other factors that are necessary to produce the collision, such as being in a stationary vehicle, are not culpable and will not affect the jury's determination of liability.

For psychological injuries However, the connection between a negligent act and the victim's afflictions may be more difficult to establish. It may be the case that the plaintiff has a troubled past, has a difficult relationship with their parents, or has abused drugs or alcohol.

If you've been involved in an accident that is serious to your vehicle It is imperative to consult an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident, commercial and business litigation, and personal injury cases. Our lawyers have formed working relationships with independent physicians with a variety of specialties, 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 can include both economic and non-economic damages. The first category of damages includes any monetary costs that can easily be added to calculate a total, for example, medical treatment, lost wages, property repairs, and even future financial losses like a decrease in earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment, cannot be reduced to financial value. The damages must be proven by a wide array of evidence, including depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages awarded should be divided between them. This requires the jury to determine how much responsibility each defendant had for the accident and to then divide the total damages awarded by the percentage of blame. New York law however, does not allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use applies is complicated and usually only a clear proof that the owner was explicitly was not granted permission to operate the car will be sufficient to overcome it.