motor vehicle accident law firm Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant then has the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds that you are responsible for an accident and you are found to be at fault, your damages will be reduced according to your percentage of fault. There is a caveat 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 has to prove that the defendant was bound by the duty of care towards them. The majority of people owe this obligation to everyone else, but individuals who get behind the car are obligated to others in their area of operation. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the standard of care is determined by comparing an individual's behavior with what a normal person would do in similar conditions. In the event of medical malpractice expert witnesses are typically required. Experts who have a greater understanding of a certain field may be held to a greater standard of care.

When a person breaches their duty of care, it can cause damage to the victim as well as their property. The victim must prove that the defendant's breach of their duty resulted in the damage and injury they sustained. Proving causation is an essential element in any negligence case and involves investigating both the primary cause of the injury or damages, as well as the causal cause of the damage or injury.

If someone runs an stop sign, they are likely to be struck by another vehicle. If their vehicle is damaged, they'll be accountable for repairs. However, the real cause of the crash might be a cut from a brick that later develops into a dangerous infection.

Breach of Duty

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

A doctor, for example has many professional obligations to his patients that are derived from state law and licensing bodies. Drivers have a duty to care for motor vehicle accident other drivers and pedestrians, and to obey traffic laws. Any driver who fails to adhere to this obligation and results in an accident is responsible for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of the duty of care, and then prove that the defendant failed to meet that standard in his actions. It is a question of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the sole cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant could have driven through a red light, however, that's not the reason for the bicycle accident. Because of this, 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 his or her injuries. For instance, if a plaintiff suffered a neck injury from a rear-end collision, his or her lawyer could argue that the collision caused the injury. Other factors necessary to cause the collision, such as being in a stationary car are not considered to be culpable and will not influence the jury's decision on the degree of fault.

It is possible to establish a causal connection between a negligent act, and the psychological issues of the plaintiff. It may be the case that the plaintiff has a troubled past, has a difficult relationship with their parents, or has been a user of drugs or alcohol.

If you have been in a serious motor vehicle crash it is crucial to consult with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, as well as motor vehicle accident attorneys vehicle accident (sneak a peek here) cases. Our lawyers have formed working relationships with independent physicians in many areas of expertise as well as experts in computer simulations and reconstruction of accident.

Damages

The damages plaintiffs can seek in motor vehicle litigation can include both economic and non-economic damages. The first category of damages comprises any financial expenses that can be easily added up and calculated as the sum of medical treatment and lost wages, property repair and even future financial losses such as diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, such as the suffering of others and the loss of enjoyment of life which cannot be reduced to a dollar amount. However, these damages must be proven to exist through extensive evidence, including deposition testimony of the plaintiff's close family members and friends medical records, other expert witness testimony.

In the event of multiple defendants, courts will typically employ comparative fault rules to determine the amount of damages that should be divided between them. The jury has to determine the percentage of fault each defendant carries for the accident and then divide the total amount of damages awarded by that percentage. New York law however, does not allow for this. 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are caused by drivers of trucks or cars. The resulting analysis of whether the presumption that permissive use applies is complex, and typically only a clear proof that the owner was explicitly did not have permission to operate his car will overcome it.