Motor Vehicle Litigation

If liability is contested, it becomes necessary to bring a lawsuit. The defendant is entitled to respond to the complaint.

New York follows pure comparative fault rules and, when a jury finds that you are responsible for causing a crash the damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are that are rented or leased to minors.

Duty of Care

In a lawsuit for negligence the plaintiff must show that the defendant owed them a duty to exercise reasonable care. This duty is due to everyone, but people who operate vehicles owe an even higher duty to other people in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the standards of care are determined by comparing the actions of an individual with what a normal person would do under similar conditions. In cases of medical malpractice expert witnesses are typically required. Experts with more experience in the field could be held to a higher standard of care.

A breach of a person's obligation of care can cause injury to a victim or Vimeo their property. The victim has to prove that the defendant's breach of their duty caused the injury and damages that they have suffered. Causation is an essential element of any negligence claim. It involves proving both the proximate and actual causes of the injury and damages.

For instance, if a person has a red light then it's likely that they'll be struck by a vehicle. If their car is damaged they'll be responsible for the repairs. The reason for the accident could be a cut in a brick that later develops into a serious infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by the defendant. It must be proven in order to receive compensation for a personal injury claim. A breach of duty is when the actions taken by the person who is at fault fall short of what an ordinary person would do in similar circumstances.

For instance, a doctor has many professional duties towards his patients that are derived from laws of the state and licensing bodies. Motorists are required to show care to other drivers and pedestrians on the road to drive safely and obey traffic laws. A driver who breaches this duty and creates an accident is accountable for the injuries of the victim.

A lawyer may use the "reasonable individuals" standard to prove that there is a duty to be cautious and then demonstrate that defendant did not comply with this standard in his conduct. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also establish that the defendant's breach of duty was the primary cause of his or her injuries. This is sometimes 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 the crash on your bicycle. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle cases, Vimeo the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. For instance, if a plaintiff suffered an injury to his neck in a rear-end collision the lawyer might claim that the collision caused the injury. Other factors necessary to cause the collision, such as being in a stationary car is not culpable and won't affect the jury’s determination of the cause of the accident.

It is possible to establish a causal connection between a negligent act and the psychological issues of the plaintiff. It could be because the plaintiff has a rocky past, has a difficult relationship with their parents, or has been a user of alcohol or Vimeo drugs.

It is essential to speak with an experienced attorney when you've been involved in a serious car accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in a variety of specialties, as well as experts in computer simulations as well as reconstruction of accidents.

Damages

The damages that plaintiffs can claim in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages comprises any financial expenses that can be easily added to calculate an amount, like medical treatment and lost wages, property repair, and even future financial losses, like a decrease in earning capacity.

New York law also recognizes the right to recover non-economic damages, such as suffering and pain, as well as loss of enjoyment of life, which cannot be reduced to a dollar amount. However these damages must be proved to exist by a variety of evidence, such as deposition testimony of the plaintiff's close family members and friends medical records, other expert witness testimony.

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of total damages to be divided between them. The jury will determine the percentage of blame each defendant is responsible for the incident and then divide the total amount of damages awarded by that percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these vehicles and trucks. The process of determining whether the presumption is permissive is complicated. Typically there is only a clear proof that the owner did not grant permission to the driver to operate the vehicle will overcome the presumption.