Motor Vehicle Litigation

If the liability is challenged then it is necessary to file a lawsuit. The defendant will then be given the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that should a jury find you to be responsible for an accident the amount of damages you will be reduced based on your percentage of blame. There is one exception 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 a duty of care towards them. This duty is owed by everyone, but people who operate a vehicle owe an even greater obligation to others in their field. This includes ensuring that they don't cause motor vehicle accidents.

Courtrooms compare an individual's actions with what a normal person would do under similar circumstances to determine what constitutes reasonable standards of care. In the case of medical malpractice expert witnesses are typically required. Experts who have a greater understanding of the field could be held to a greater standard of care.

If someone violates their duty of care, they could cause harm to the victim and/or their property. The victim then has to prove that the defendant acted in breach of their duty and caused the harm or damage they sustained. Causation is an essential element of any negligence claim. It involves proving the actual and proximate causes of the injuries and damages.

If someone is driving through an intersection then they are more likely to be struck by a vehicle. If their car is damaged they will be responsible for the repairs. The reason for the crash could be a brick cut that causes an infection.

Breach of Duty

The second element of negligence is the breach of duty committed by a defendant. It must be proven in order to be awarded compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault do not match what a normal person would do under similar circumstances.

For instance, a physician has a variety of professional obligations to his patients stemming from the law of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians on the road to drive in a safe manner and adhere to traffic laws. A driver who breaches this obligation and results in an accident is responsible for the injuries of the victim.

A lawyer can use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then show that the defendant failed to comply with the standard in his actions. It is a question of fact for the jury to decide if the defendant was in compliance with the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the direct cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant could have run through a red light however, that's not the reason for the crash on your bicycle. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. If the plaintiff sustained an injury to the neck in a rear-end accident the attorney for the plaintiff will argue that the incident was the reason for the injury. Other factors that contributed to the collision, such as being in a stationary vehicle is not culpable and will not impact the jury's determination of the degree of fault.

For psychological injuries However, the connection between negligence and the injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff has a a troubled childhood, poor relationship with his or her parents, experimented with alcohol and drugs, or suffered previous unemployment may have some influence on the severity of the psychological problems he or suffers following a crash, but the courts typically look at these factors as an element of the background conditions that led to the accident from which the plaintiff's injury arose rather than an independent cause of the injuries.

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

Damages

The damages a plaintiff may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages covers all costs that are easily added together and summed up into the total amount, which includes medical expenses, lost wages, repairs to property, and even financial losses, such as a diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, including pain and suffering and loss of enjoyment of life, which cannot be reduced to a dollar amount. The damages must be proven through extensive evidence such as depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages award should be allocated between them. The jury will determine the proportion of fault each defendant has for the accident, and divide the total damages awarded by the same percentage. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in the event of injuries caused by drivers of trucks or cars. The analysis to determine whether the presumption of permissiveness is complex. In general there is only a clear proof that the owner refused permission to the driver to operate the vehicle can be able to overcome the presumption.