Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant has the option to respond to the Complaint.

New York has a pure comparative negligence rule. This means that when a jury finds that you were at fault for an accident the damages you incur will be reduced based on your percentage of fault. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a case of negligence the plaintiff must prove that the defendant had the duty of care toward them. This duty is owed by all people, however those who operate vehicles owe an even higher duty to other drivers in their field. This includes not causing motor vehicle accidents.

In courtrooms the standard of care is determined by comparing an individual's actions with what a normal person would do under similar circumstances. In the event of medical negligence experts are typically required. Experts who have a superior understanding of a specific area may also be held to an even higher standard of care than others in similar situations.

If someone violates their duty of care, they could cause damage to the victim as well as their property. The victim must then demonstrate that the defendant's violation of their duty led to the damage and injury they have suffered. Causation is an important part of any negligence claim. It involves proving the proximate and real causes of the damages and injuries.

If a person is stopped at an intersection, they are likely to be hit by another vehicle. If their vehicle is damaged, they'll be responsible for the repairs. But the reason for the accident could be a cut in the brick, which then develops into a potentially dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved to obtain compensation in a personal injury claim. A breach of duty happens when the at-fault party's actions fall short of what reasonable people would do in similar circumstances.

For instance, a physician has several professional duties to his patients, arising from the law of the state and licensing boards. Motorists have a duty of care to other drivers and pedestrians on the road to be safe and follow traffic laws. If a driver fails to comply with this obligation of care and results in an accident, the driver is responsible for the injury suffered by the victim.

A lawyer may use the "reasonable individuals" standard to demonstrate that there is a duty of care and then demonstrate that defendant failed to meet this standard in his actions. The jury will decide if the defendant met or did not meet the standards.

The plaintiff must also prove that the breach of duty by the defendant was the primary cause of his or her injuries. It is more difficult to prove this than a breach of duty. For example it is possible that a defendant crossed a red light, however, the act wasn't the main cause of your bike crash. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle accident lawsuits vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and Motor vehicle accident lawyers the injuries. For example, if the plaintiff sustained an injury to his neck in an accident that involved rear-ends and their lawyer could claim that the collision caused the injury. Other elements that could have caused the collision, such as being in a stationary vehicle, are not culpable, and won't affect the jury's decision on the fault.

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

It is imperative to consult an experienced lawyer when you've been involved in a serious motor accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, and motor vehicle accident lawyers vehicle crash cases. Our lawyers have formed working relationships with independent physicians in many specialties, as well as experts in computer simulations and accident reconstruction.

Damages

The damages that a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first type of damages covers any monetary costs that are easily added to calculate an amount, like medical treatment loss of wages, property repair, and even future financial losses like a decrease in earning capacity.

New York law also recognizes the right to seek non-economic damages, including suffering and pain, as well as loss of enjoyment, which cannot be reduced to a dollar 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, as well as other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the damages awarded should be split between them. The jury has to determine the amount of fault each defendant is responsible for the incident, and divide the total damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of the vehicles. The resulting analysis of whether the presumption that permissive use applies is complicated, and typically only a clear evidence that the owner specifically denied permission to operate the vehicle will overcome it.