Motor Vehicle Litigation

If liability is contested then it is necessary to start a lawsuit. The Defendant has the right to respond to the complaint.

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

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant owed a duty of care towards them. This duty is owed by all, but those who operate a vehicle have an even greater obligation to other people in their field. This includes not causing accidents in motor vehicles.

In courtrooms, the standards of care are determined by comparing the actions of an individual with what a normal person would do under similar conditions. Expert witnesses are often required in cases involving medical malpractice. Experts who are knowledgeable of a specific area may also be held to a higher standard of care than other individuals in similar situations.

A person's breach of their duty of care may cause harm to a victim, or motor vehicle accident their property. The victim must show that the defendant's infringement of their duty caused the damage and injury they have suffered. Causation proof is a crucial part of any negligence case, and it involves looking at both the actual cause of the injury or damages as well as the reason for the damage or injury.

If a driver is caught running the stop sign and fails to obey the stop sign, they could be hit by a car. If their vehicle is damaged, they'll be accountable for repairs. The reason for the crash might be a cut or a brick that later develops into a potentially dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that needs to be proved to obtain compensation in a personal injury case. A breach of duty happens when the actions of the party at fault aren't in line with what an average person would do in similar circumstances.

For instance, a doctor has many professional obligations to his patients. These professional obligations stem from state law and licensing bodies. Motorists owe a duty of care to other motorists and pedestrians to drive safely and observe traffic laws. When a driver breaches this duty of care and results in an accident, the driver is responsible for the injury suffered by the victim.

A lawyer can rely on the "reasonable people" standard to demonstrate that there is a duty of care and then show that defendant did not meet this standard with his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also prove that the breach of duty of the defendant was the proximate cause of the injuries. This can be more difficult to prove than the existence of a duty and breach. For instance the defendant could have crossed a red light, but the action was not the sole cause of the crash. This is why the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffered neck injuries as a result of an accident that involved rear-end collisions the attorney for the plaintiff will argue that the incident caused the injury. Other factors that are necessary in causing the collision such as being in a stationary vehicle, are not culpable and will not affect the jury's decision of the liability.

For psychological injuries However, the connection between a negligent act and an victim's afflictions may be more difficult to establish. The fact that the plaintiff has a troubles in his or her childhood, had a difficult relationship with his or her parents, abused alcohol and drugs or prior unemployment could have a influence on the severity of the psychological issues he or suffers following an accident, however, the courts typically look at these factors as part of the circumstances that caused the accident was triggered, not as a separate cause of the injuries.

It is crucial to consult an experienced attorney should you be involved in a serious 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 physicians across a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle accident attorney vehicle litigation, a person can seek both economic and noneconomic damages. The first type of damages is all financial costs that can easily be summed up and calculated as the total amount, which includes medical treatments or lost wages, repair to property, and even future financial loss, such loss of earning capacity.

New York law also recognizes the right to recover non-economic damages like pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a monetary amount. However the damages must be established to exist with the help of extensive evidence, such as deposition testimony from the plaintiff's close family members and friends medical records, other expert witness testimony.

In the event of multiple defendants, courts typically employ comparative fault rules to determine the amount of total damages to be split between them. This requires the jury to determine the degree of fault each defendant incurred in the accident and then divide the total amount of damages by that percentage of the fault. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of those cars and trucks. The resulting analysis of whether the presumption that permissive use applies is not straightforward and usually only a clear proof that the owner has explicitly was not granted permission to operate the car will overcome it.