Motor Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. The Defendant has the right to respond to the Complaint.

New York follows pure comparative fault rules which means that if the jury finds that you are responsible for causing an accident, your damages award will be reduced by the percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that 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 to everyone, but those who operate a vehicle owe an even greater duty to others in their field. This includes ensuring that there are no accidents in motor vehicles.

In courtrooms the standards of care are determined by comparing an individual's conduct with what a normal person would do under similar conditions. In cases of medical malpractice experts are often required. Experts who are knowledgeable in a specific field could be held to the highest standards of care than other people in similar situations.

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

For instance, if a person runs a red stop sign then it's likely that they'll be hit by a vehicle. If their vehicle is damaged, they'll have to pay for the repairs. The real cause of the crash could be a brick cut which develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. This must be proved in order to be awarded compensation for personal injury claims. A breach of duty occurs when the actions of a party who is at fault do not match what reasonable people would do in similar circumstances.

A doctor, for instance has a variety of professional duties towards his patients, which stem from the law of the state and licensing bodies. Motorists are required to show care to other drivers and pedestrians to drive safely and obey traffic laws. If a motorist violates this duty of care and results in an accident, the driver is responsible for the victim's injuries.

Lawyers can use the "reasonable individuals" standard to establish that there is a duty of care and then show that defendant did not comply with this standard with his actions. It is a question of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the proximate cause of the injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For instance the defendant could have run a red light but the action was not the primary reason for your bicycle crash. For this reason, causation is often challenged by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffered neck injuries in a rear-end collision the attorney for the plaintiff would argue that the accident was the cause of the injury. Other elements that could have caused the collision, such as being in a stationary car are not culpable and won't affect the jury's determination of the degree of fault.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms could be more difficult to establish. It could be the case that the plaintiff has had a difficult past, has a bad relationship with their parents, or has been a user of drugs or alcohol.

It is important to consult an experienced attorney should you be involved in a serious Motor Vehicle Accident Law Firm accident. The attorneys at Arnold & Clifford, Motor Vehicle accident law firm LLP have years of experience representing clients in personal injury commercial and business litigation, as well as motor vehicle accident attorney 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 with private investigators.

Damages

In motor vehicle litigation, a person can be able to recover both economic and noneconomic damages. The first category of damages covers any monetary costs that can be easily added to calculate a total, for example, medical treatment loss of 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 the suffering of others and the loss of enjoyment, which cannot be reduced to a dollar amount. These damages must be established by a wide array of evidence, including depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages awarded should be divided between them. The jury will determine the proportion of fault each defendant is accountable for the incident, and divide the total damages awarded by that percentage. New York law however, does not allow for this. 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries sustained by drivers of cars or trucks. The resulting analysis of whether the presumption of permissiveness applies is complicated, and typically only a clear evidence that the owner specifically did not have permission to operate his vehicle will overcome it.