Motor Vehicle Litigation

When liability is contested in court, it becomes necessary to file a lawsuit. The defendant has the option to respond to the complaint.

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

Duty of Care

In a negligence lawsuit the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. This duty is owed by everyone, but those who operate a vehicle have an even greater obligation to other people in their field. This includes not causing accidents in motor vehicle accidents vehicles.

In courtrooms, motor vehicle Accident attorneys the quality of care is determined by comparing the actions of an individual with what a typical person would do in the same conditions. In the event of medical negligence expert witnesses are typically required. Experts with a superior understanding of the field could be held to a higher standard of medical care.

If someone violates their duty of care, it may cause damage to the victim as well as their property. The victim has to demonstrate that the defendant's violation of their duty led to the injury and damages that they have suffered. Proving causation is an essential aspect of any negligence claim and involves considering both the actual cause of the injury or damages, as well as the causal reason for the injury or damage.

If someone runs a stop sign it is likely that they will be hit by a car. If their car is damaged, they will be required to pay for repairs. The actual cause of a crash could be caused by a brick cut that causes an infection.

Breach of Duty

A defendant's breach of duty is the second aspect of negligence that has to be proved in order to secure compensation in a personal injury suit. A breach of duty occurs when the at-fault party's actions aren't in line with what an average person would do in similar circumstances.

For instance, a doctor has several professional duties to his patients stemming from state law and licensing boards. Drivers have a duty to care for other drivers and pedestrians, and to obey traffic laws. When a driver breaches this obligation of care and results in an accident, he is liable for the injury suffered by the victim.

A lawyer can use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then demonstrate that the defendant did not comply with the standard in his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also demonstrate that the breach of duty by the defendant was the primary cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For instance the defendant could have crossed a red light, but his or her action wasn't the proximate reason for your bicycle crash. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff must establish that there is a causal connection between the breach by the defendant and their injuries. If the plaintiff suffered a neck injury in a rear-end collision then his or her attorney will argue that the crash was the cause of the injury. Other factors necessary to cause the collision, like being in a stationary vehicle, are not culpable, and will not affect the jury's decision on fault.

It could be more difficult to establish a causal link between a negligent act and the plaintiff's psychological problems. It may be the case that the plaintiff has a rocky background, a strained relationship with their parents, or is a user of drugs or alcohol.

It is imperative to consult an experienced attorney if you have been involved in a serious Motor vehicle Accident attorneys accident. The attorneys at Arnold & Clifford, LLP have years of experience 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 various specialties, as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages that plaintiffs can seek in a motor vehicle case include both economic and non-economic damages. The first category of damages comprises any financial costs that can be easily added to calculate the sum of medical expenses or lost wages, property repair and even future financial losses like a decrease in earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of life cannot be reduced to money. These damages must be established by a wide array of evidence, including depositions of family members or friends of the plaintiff or medical records, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the damages awarded should be divided between them. The jury will determine the percentage of blame each defendant carries for the accident, and divide the total amount of damages awarded by the same percentage. New York law however, does not allow this. 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries sustained by the drivers of trucks or cars. The method of determining if the presumption of permissiveness is complex. The majority of the time it is only a clear evidence that the owner refused permission to the driver to operate the vehicle can overcome the presumption.