Motor Vehicle Litigation

If the liability is challenged then it is necessary to make a complaint. The defendant has the option to respond to the Complaint.

New York follows pure comparative fault rules and, if the jury finds you responsible for Motor Vehicle Accident Lawsuit an accident, your damages award will be reduced by the percentage of negligence. This rule is not applicable to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a lawsuit for negligence the plaintiff has to prove that the defendant owed them a duty to exercise reasonable care. Most people owe this duty to everyone else, but those who take the driving wheel of a motorized vehicle have a greater obligation to others in their area of operation. This includes not causing accidents in motor vehicle accident law firm vehicles.

Courtrooms evaluate an individual's behavior with what a normal person would do in the same conditions to determine an acceptable standard of care. This is why expert witnesses are often required in cases involving medical negligence. Experts with a superior understanding of the field could be held to a higher standard of care.

If a person violates their duty of care, it could cause damage to the victim as well as their property. The victim then has to show that the defendant violated their duty and caused the harm or damage that they suffered. Causation is an essential element of any negligence claim. It involves proving both the proximate and actual causes of the damages and injuries.

For instance, if someone runs a red stop sign, it's likely that they'll be hit by a vehicle. If their vehicle is damaged, they will be responsible for the repairs. However, the real cause of the crash might be a cut in bricks that later develop into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty by the defendant. It must be proven for compensation for a personal injury claim. A breach of duty occurs when the actions of the at-fault person fall short of what a normal person would do under similar circumstances.

A doctor, for example has a variety of professional obligations towards his patients that are derived from laws of the state and licensing bodies. Motorists owe a duty of care to other motorists and pedestrians on the road to be safe and follow traffic laws. A driver who breaches this duty and creates an accident is accountable for the injuries of the victim.

Lawyers can use the "reasonable persons" standard to establish that there is a duty to be cautious and then demonstrate that defendant did not adhere to 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 main cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example, a defendant may have crossed a red light, however, the act was not the primary cause of the crash. Because of this, causation is frequently disputed by defendants in crash cases.

Causation

In motor vehicle accidents, the plaintiff must prove an causal link between defendant's breach and their injuries. If a plaintiff suffered an injury to the neck in an accident that involved rear-end collisions and his or her attorney will argue that the crash was the cause of the injury. Other factors that are necessary to cause the collision, such as being in a stationary vehicle are not considered to be culpable and will not influence the jury's decision on the cause of the accident.

It could be more difficult to establish a causal connection between a negligent act, and the psychological issues of the plaintiff. It could be that the plaintiff has a troubled past, has a difficult relationship with their parents, or has abused drugs or alcohol.

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

Damages

In motor vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first category of damages includes all financial costs that are easily added together and summed up into the total amount, which includes medical treatment or lost wages, repair to property, or even a future financial loss, like diminished earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment can't be reduced to monetary value. However the damages must be proved to exist using extensive evidence, including deposition testimony of the plaintiff's close family members and friends medical records, Motor Vehicle Accident Attorneys deposition testimony, and other expert witness testimony.

In the event of multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages that must be divided between them. This requires the jury to determine the degree of fault each defendant had for the incident and then divide the total damages award by that percentage of the fault. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of those cars and trucks. The subsequent analysis of whether the presumption of permissive usage applies is not straightforward, and typically only a clear evidence that the owner specifically was not granted permission to operate the vehicle will be able to overcome it.