motor vehicle accident law firms Vehicle Litigation

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

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

Duty of Care

In a case of negligence the plaintiff must prove that the defendant had an obligation of care to them. This duty is owed by everyone, but those who operate vehicles owe an even greater obligation to others in their field. This includes not causing car accidents.

Courtrooms examine an individual's conduct with what a normal person would do under similar circumstances to establish what is reasonable standards of care. This is why expert witnesses are frequently required in cases involving medical negligence. Experts with a higher level of expertise in a specific field could also be held to an higher standard of care than others in similar situations.

A breach of a person's duty of care may cause harm to a victim or their property. The victim has to show that the defendant's infringement of duty caused the harm and damages they have suffered. Proving causation is a critical aspect of any negligence case and requires taking into consideration both the real causes of the injury damages, as well as the causal reason for the damage or injury.

If someone is driving through an intersection and fails to obey the stop sign, they could be struck by a vehicle. If their vehicle is damaged, they will be responsible for repairs. However, the real cause of the crash might be a cut on a brick that later develops into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. It must be proven in order to obtain compensation for personal injury claims. A breach of duty happens when the actions of the party at fault are not in line with what an average person would do in similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients based on laws of the state and licensing boards. Drivers have a duty to take care of other drivers and pedestrians, as well as to obey traffic laws. If a motorist violates this obligation of care and results in an accident, he is liable for the injuries suffered by the victim.

Lawyers can use the "reasonable persons" standard to establish that there is a duty of caution and then prove that the defendant failed to meet this standard in his actions. 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 main cause of the injuries. It is more difficult to prove this than a breach of duty. For example the defendant could have run a red light but it's likely that his or her actions was not the sole cause of the crash. Because of this, causation is often challenged by defendants in crash cases.

Causation

In motor vehicle accidents, the plaintiff must establish that there is a causal connection between the breach by the defendant and their injuries. If the plaintiff suffered neck injuries in an accident with rear-end damage then his or her attorney would argue that the accident was the cause of the injury. Other factors that are essential for the collision to occur, such as being in a stationary vehicle, are not culpable and do not affect the jury's determination of the liability.

It may be harder to prove a causal link between a negligent act, and the psychological issues of the plaintiff. It could be the case that the plaintiff has a turbulent background, motor vehicle Accident law firms a strained relationship with their parents, or is a user of alcohol or drugs.

It is important to consult an experienced attorney if you have been involved in a serious motor vehicle accident attorneys 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 doctors in a wide range of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff could get both economic and non-economic damages. The first category of damages includes any monetary expenses that can be easily added up and calculated as the sum of medical expenses and lost wages, property repairs, and even future financial losses, like a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, such as pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a dollar amount. However the damages must be proven to exist using extensive evidence, including deposition testimony of the plaintiff's close family members and friends medical records, deposition testimony, and 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. The jury must decide the percentage of fault each defendant is responsible for the incident, and divide the total amount of damages awarded by that percentage. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of the vehicles. The subsequent analysis of whether the presumption of permissive use is applicable is a bit nebulous and usually only a clear evidence that the owner has explicitly was not granted permission to operate the vehicle will overcome it.