Motor Vehicle Litigation

When a claim for liability is litigated, it becomes necessary to start a lawsuit. The defendant has the right to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you to be the cause of an accident the damages awarded will be reduced by your percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a lawsuit for negligence the plaintiff has to prove that the defendant was obligated to exercise reasonable care. Nearly everyone owes this obligation to everyone else, however those who take the car have a higher obligation to the people in their area of operation. This includes ensuring that they do not cause accidents in motor vehicle accident law firms vehicles.

In courtrooms, the standards of care are determined by comparing an individual's conduct with what a normal person would do in similar conditions. In the event of medical malpractice expert witnesses are typically required. Experts who are knowledgeable in a particular field may also be held to an even higher standard of care than other people in similar situations.

When a person breaches their duty of care, it can cause harm to the victim and/or their property. The victim is then required to demonstrate that the defendant's violation of their duty led to the damage and injury they have suffered. Causation is an essential element of any negligence claim. It requires proving both the actual and proximate causes of the damage and injury.

If someone is driving through an intersection, they are likely to be hit by another vehicle. If their car is damaged they'll be accountable for the repairs. But the reason for the crash might be a cut on the brick, which then develops into a dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. The breach of duty must be proved in order to be awarded compensation for personal injury claims. A breach of duty is when the actions of the at-fault person fall short of what an ordinary person would do in similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients that are governed by laws of the state and licensing boards. Drivers have a duty to take care of other drivers and pedestrians, and obey traffic laws. If a driver violates this obligation and causes an accident is accountable for the injuries of the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of the duty of care, and then show that the defendant failed to meet the standard in his actions. It is a matter of fact for the jury to decide if the defendant fulfilled the standard or not.

The plaintiff must also demonstrate that the breach of duty by the defendant was the direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant might have walked through a red light but that's not what caused the accident on your bicycle. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle accident law firms vehicle-related cases, the plaintiff must prove a causal link between the breach of the defendant and the injuries. For example, if the plaintiff sustained an injury to the neck as a result of an accident that involved rear-ends the lawyer will argue that the collision was the cause of the injury. Other factors that are necessary to cause the collision, like being in a stationary vehicle, are not culpable, and will not influence the jury’s determination of the fault.

For psychological injuries However, the connection between an act of negligence and an affected plaintiff's symptoms can be more difficult to establish. It may be the case that the plaintiff has had a difficult past, a poor relationship with their parents, or has used alcohol or drugs.

It is imperative to consult an experienced lawyer in the event that you've been involved in a serious motor accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation, and motor vehicle accident cases. Our lawyers have established working relationships with independent physicians with a variety of specialties, expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

In Motor vehicle accident lawsuits vehicle litigation, a person can seek both economic and noneconomic damages. The first type of damages is any monetary costs that can easily be added up and calculated as a sum, motor vehicle accident lawsuits such as medical expenses and lost wages, property repair and even future financial losses, such as diminished earning capacity.

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

In cases where there are multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the damages award should be allocated between them. The jury must determine the degree of fault each defendant incurred in the accident and then divide the total amount of damages by that percentage of fault. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries caused by drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive usage applies is complicated and usually only a clear evidence that the owner has explicitly refused permission to operate the car will be sufficient to overcome it.