Motor Vehicle Accident Lawsuits Vehicle Litigation

When a claim for liability is litigated, it becomes necessary to bring a lawsuit. The defendant will then have 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 the damages you incur will be reduced based on your percentage of blame. There is a caveat to this rule: CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors.

Duty of Care

In a negligence case, motor vehicle accident Lawsuits the plaintiff has to prove that the defendant owed the duty of care towards them. This duty is owed to all, but those who operate a vehicle have an even greater duty to others in their field. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms compare an individual's actions with what a normal person would do in the same circumstances to determine reasonable standards of care. Expert witnesses are frequently required in cases involving medical negligence. People who have superior knowledge in a particular field may be held to an even higher standard of care than others in similar situations.

If a person violates their duty of care, it can cause harm to the victim and/or their property. The victim then has to show that the defendant violated their duty and caused the harm or damage that they suffered. Proving causation is an essential element in any negligence case and involves looking at both the actual cause of the injury or damages as well as the proximate reason for the injury or damage.

For example, if someone has a red light and is stopped, they'll be hit by a vehicle. If their vehicle is damaged, they will need to pay for repairs. But the reason for the crash might be a cut from bricks, which later turn into a serious infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proved in order to receive compensation in a personal injury case. A breach of duty is when the actions taken by the person at fault are not in line with what an ordinary person would do under similar circumstances.

For motor vehicle accident Lawsuits example, a doctor is required to perform a number of professional duties for his patients that are governed by the law of the state and licensing boards. Motorists owe a duty care to other drivers and pedestrians on the road to drive in a safe manner and adhere to traffic laws. Any driver who fails to adhere to this obligation and causes an accident is responsible for the injuries sustained by the victim.

Lawyers can use the "reasonable people" standard to establish that there is a duty of care and then prove that the defendant failed to meet this standard in his actions. It is a matter of fact that the jury has to decide whether the defendant fulfilled the standard or not.

The plaintiff must also prove that the breach by the defendant was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant might have walked through a red light but that's not what caused your bicycle accident. In this way, causation is often contested by defendants in crash cases.

Causation

In motor vehicle accident lawsuit vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if the plaintiff sustained an injury to the neck as a result of an accident that involved rear-ends and his or her lawyer could argue that the collision caused the injury. Other elements that are required to produce the collision, such as being in a stationary car, are not culpable and do not affect the jury's decision of liability.

It can be difficult to establish a causal connection between an act of negligence and the psychological symptoms of the plaintiff. It may be because the plaintiff has a troubled past, a poor relationship with their parents, or has abused drugs or alcohol.

It is important to consult an experienced attorney when you've been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have established working relationships with independent physicians in different specialties, as well as expert witnesses in computer simulations and accident reconstruction.

Damages

The damages that a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first type of damages covers all monetary costs which are easily added together and calculated into a total, for example, medical expenses, lost wages, repairs to property, or even a future financial loss, such loss of earning capacity.

New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment are not able to be reduced to financial value. However these damages must be proven to exist with the help of extensive evidence, including deposition testimony from plaintiff's family members and close friends, medical records, and other expert witness testimony.

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of total damages that should be divided between them. The jury must determine the amount of fault each defendant is responsible for the incident, and divide the total damages awarded by the percentage. New York law however, does not permit this. 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of these vehicles and trucks. The subsequent analysis of whether the presumption that permissive use applies is not straightforward, and typically only a clear showing that the owner was explicitly did not have permission to operate his car will be sufficient to overcome it.