Motor Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The Defendant will then have the chance to respond to the complaint.

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

Duty of Care

In a case of negligence, the plaintiff has to prove that the defendant was bound by the duty of care toward them. Most people owe this duty to everyone else, but individuals who get behind the car have an even higher duty to the people in their area of activity. This includes not causing accidents in motor vehicle accidents vehicles.

In courtrooms, the standard of care is determined by comparing an individual's conduct with what a normal person would do in similar situations. In the event of medical malpractice experts are typically required. People with superior knowledge in a certain field may be held to a higher standard of care.

When a person breaches their duty of care, it may cause damage to the victim as well as their property. The victim must prove that the defendant acted in breach of their duty and caused the injury or damages they sustained. Causation is an essential element of any negligence claim. It requires proving both the actual and proximate causes of the injury and damages.

If someone runs a stop sign, they are likely to be hit by a car. If their car is damaged, they'll have to pay for the repairs. The reason for a crash could be a brick cut that causes an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by a defendant. It must be proven for compensation in a personal injury case. A breach of duty occurs when the actions of the person who is at fault do not match what an ordinary person would do in similar circumstances.

For instance, a physician has several professional obligations to his patients stemming from state law and licensing boards. Drivers are required to care for other drivers and pedestrians, and adhere to traffic laws. If a driver violates this obligation of care and causes an accident, he is accountable for the injuries suffered by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of the duty of care and then show that the defendant failed to satisfy the standard through his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

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

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. For instance, if a plaintiff sustained 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 factors that are necessary to cause the collision, like being in a stationary car is not culpable and will not affect the jury’s determination of the cause of the accident.

It can be difficult to establish a causal relationship between an act of negligence and the plaintiff's psychological problems. The fact that the plaintiff suffered from a an uneasy childhood, a bad relationship with his or her parents, used drugs and alcohol or experienced prior unemployment could have a bearing on the severity of the psychological issues he or suffers following a crash, but the courts typically consider these factors as part of the background circumstances from which the plaintiff's accident arose rather than an independent reason for the injuries.

It is important to consult an experienced lawyer if you have been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident commercial and business litigation, as well as personal injury cases. Our lawyers have built working relationships with independent doctors in many specialties, as well as experts in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a plaintiff can recover both economic and noneconomic damages. The first type of damages comprises any financial costs that are easily added to calculate a total, Motor Vehicle Accident for example, medical treatment and lost wages, property repair and even future financial losses like diminished earning capacity.

New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment of living can't be reduced to financial value. These damages must be established with a large amount of 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 rules of comparative negligence to determine the percentage of damages awarded should be divided between them. The jury has to determine the percentage of blame each defendant has for the accident, and divide the total damages awarded by that percentage. New York law however, does not allow for this. 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries suffered by drivers of trucks or cars. The process to determine if the presumption is permissive is complex. Typically there is only a clear proof that the owner was not able to grant permission for the driver to operate the vehicle will be able to overcome the presumption.