motor vehicle Accident lawsuits Vehicle Litigation

If the liability is challenged and the liability is disputed, it is necessary to make a complaint. The defendant has the option to respond to the complaint.

New York has a pure comparative negligence rule. This means that should a jury find you to be at fault for an accident and you are found to be at fault, your damages will be reduced based on your percentage of blame. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence suit the plaintiff must demonstrate that the defendant owed them a duty to exercise reasonable care. This duty is due to all people, however those who operate a vehicle owe an even greater duty to others in their field. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms assess an individual's actions with what a normal person would do under the same circumstances to establish what is reasonable standards of care. Expert witnesses are frequently required in cases involving medical malpractice. Experts with a superior understanding of the field could be held to a higher standard of medical care.

When a person breaches their duty of care, they could cause injury to the victim or their property. The victim must then demonstrate that the defendant's violation of their duty caused the damage and injury they have suffered. Causation is an important part of any negligence claim. It requires proving both the proximate and real causes of the injuries and damages.

If someone runs an intersection and fails to obey the stop sign, they could be hit by another vehicle. If their vehicle is damaged, they'll need to pay for repairs. The real cause of the crash could be a brick cut that develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury suit. A breach of duty occurs when the actions of a party who is at fault are not in line with what a reasonable person would do in similar circumstances.

A doctor, for instance, has a number of professional duties towards his patients that are derived from the law of the state and licensing authorities. Motorists owe a duty of care to other motorists and pedestrians on the road to drive in a safe manner and adhere to traffic laws. When a driver breaches this obligation of care and results in an accident, he is liable for the injuries sustained by the victim.

A lawyer may use the "reasonable people" standard to show that there is a duty to be cautious and then demonstrate that defendant did not adhere to this standard in his conduct. The jury will decide if the defendant complied with or did not meet the standards.

The plaintiff must also prove that the defendant's breach of duty was the primary cause of the injuries. It is more difficult to prove this than a breach of duty. For instance it is possible that a defendant run a red light but it's likely that his or her actions was not the sole reason for your bicycle crash. Because of this, causation is often contested by the defendants in case of a crash.

Causation

In motor vehicle accidents, the plaintiff must establish a causal link between breach by the defendant and their injuries. For instance, if a plaintiff sustained an injury to his neck in an accident that involved rear-ends and their lawyer might argue that the accident caused the injury. Other factors that are essential in causing the collision such as being in a stationary vehicle, are not culpable and will not affect the jury's decision of the liability.

It can be difficult to establish a causal link between a negligent act, and the psychological issues of the plaintiff. It may be that the plaintiff has had a difficult past, has a difficult relationship with their parents, or has been a user of drugs or Motor vehicle accident lawsuits alcohol.

It is important to consult an experienced attorney if you have been involved in a serious motor vehicle accident lawsuit vehicle accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have formed relationships with independent physicians in a range of specialties and expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff could seek both economic and Motor Vehicle Accident Lawsuits noneconomic damages. The first category of damages covers all monetary costs which can easily be added up and then calculated into an overall amount, including medical treatment or lost wages, repair to property, or even a future financial loss, for instance loss of earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment are not able to be reduced to cash. These damages must be established through extensive evidence like depositions of family members and friends of the plaintiff or medical records, or other expert witness testimony.

In the event of multiple defendants, courts typically employ comparative fault rules to determine the amount of damages that must be divided between them. The jury will determine the amount of fault each defendant is accountable for the incident and then divide the total amount of damages awarded by the percentage. New York law however, does not permit this. 1602 excludes vehicle owners from the comparative negligence rule in cases where injuries are sustained by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissiveness applies is not straightforward and usually only a clear showing that the owner explicitly refused permission to operate the vehicle will be able to overcome it.