motor Vehicle accident Lawsuits Vehicle Litigation

When a claim for liability is litigated in court, it becomes necessary to make a complaint. The defendant then has the opportunity to respond to the complaint.

New York follows pure comparative fault rules, which means that if the jury finds you to be the cause of the crash the amount of damages awarded will be reduced by your percentage of negligence. This rule does not apply to the owners of vehicles that are that are rented or leased out to minors.

Duty of Care

In a negligence case the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. This duty is owed to everyone, but those who operate a vehicle owe an even higher duty to other drivers in their field. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms examine an individual's conduct to what a typical individual would do in the same conditions to determine a reasonable standard of care. In cases of medical malpractice expert witnesses are typically required. Experts with a superior understanding of a certain field may be held to a greater standard of treatment.

A person's breach of their duty of care could cause harm to a victim or their property. The victim has to establish that the defendant's breach of their duty led to the harm and damages they have suffered. Causation proof is a crucial part of any negligence case, and it involves considering both the actual causes of the injury damages as well as the proximate reason for the damage or injury.

If someone is driving through an stop sign, they are likely to be struck by another vehicle. If their car is damaged, they will have to pay for the repairs. The reason for a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved to obtain compensation in a personal injury suit. A breach of duty occurs when the actions of the party at fault fall short of what a reasonable person would do in similar circumstances.

For instance, a doctor, has a number of professional obligations to his patients. These professional obligations stem from the law of the state and licensing bodies. Drivers are required to care for other drivers and pedestrians, and to respect traffic laws. If a driver fails to comply with this duty of care and results in an accident, the driver is accountable for the victim's injuries.

A lawyer may use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then demonstrate that the defendant did not meet the standard in his actions. The jury will decide if the defendant met or did not meet the standards.

The plaintiff must also establish that the defendant's breach of duty was the main 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 wasn't what caused the bicycle accident. For this reason, causation is often challenged by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. For instance, if the plaintiff suffered an injury to the neck as a result of a rear-end collision, his or her lawyer could argue that the collision caused the injury. Other elements that could have caused the collision, like being in a stationary car, are not culpable, and will not impact the jury’s determination of the fault.

For psychological injuries However, the connection between a negligent act and an injured plaintiff's symptoms could be more difficult to establish. It may be the case that the plaintiff has had a difficult past, has a bad relationship with their parents, or has abused drugs or alcohol.

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

Damages

In motor vehicle litigation, a plaintiff can recover both economic and noneconomic damages. The first category of damages comprises any financial costs that can easily be added to calculate the sum of medical treatment, 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 pain and suffering and loss of enjoyment, which cannot be reduced to a monetary amount. However, these damages must be proved to exist using extensive evidence, including deposition testimony from plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages award should be allocated between them. This requires the jury to determine the degree of fault each defendant incurred in the accident, and motor Vehicle accident lawsuits then divide the total damages awarded by the percentage of blame. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of those cars and trucks. The process to determine if the presumption is permissive or not is complex. Typically it is only a clear evidence that the owner was not able to grant permission to the driver to operate the vehicle can overcome the presumption.