motor vehicle accident Vehicle Litigation

A lawsuit is required when liability is contested. The defendant will then have the opportunity to respond to the complaint.

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

Duty of Care

In a negligence suit the plaintiff has to prove that the defendant was obligated to act with reasonable care. Most people owe this duty to everyone else, Motor Vehicle accident however those who sit behind the wheel of a motor vehicle are obligated to the other drivers in their zone of activity. This includes not causing motor vehicle accidents.

In courtrooms, the standard of care is established by comparing the actions of an individual against what a normal individual would do in similar conditions. Expert witnesses are often required in cases involving medical negligence. Experts with more experience in particular fields may be held to a greater standard of treatment.

A breach of a person's duty of care may cause injury to a victim or their property. The victim must 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 and the proximate reason for the damage or injury.

If someone is driving through the stop sign, they are likely to be struck by another vehicle. If their vehicle is damaged, they will be responsible for repairs. The actual cause of the crash could be a brick cut that causes an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved in order to secure compensation in a personal injury claim. A breach of duty is when the actions taken by the person at fault do not match what an ordinary person would do in similar circumstances.

A doctor, for example, has a number of professional obligations to his patients that are derived from the law of the state and licensing bodies. Motorists owe a duty care to other motorists and pedestrians on the road to drive in a safe manner and adhere to traffic laws. If a driver fails to comply with this duty of care and creates an accident, he is liable for the injuries suffered by the victim.

Lawyers can use the "reasonable people" standard to prove that there is a duty of prudence and then demonstrate that defendant failed to meet the 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 defendant's breach of duty was the primary cause for the injuries. This is sometimes more difficult to prove than the existence of a duty and breach. A defendant might have walked through a red light, but that's not the cause of your bicycle accident. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle-related cases, the plaintiff must establish a causal link between breach by the defendant and their injuries. For instance, if the plaintiff suffered a neck injury from an accident that involved rear-ends and their lawyer could argue that the collision was the cause of the injury. Other factors that contributed to the collision, such as being in a stationary car is not culpable and won't affect the jury's decision to determine the fault.

It is possible to prove a causal link between a negligent act and the psychological issues of the plaintiff. It could be that the plaintiff has a rocky past, has a bad relationship with their parents, or has used drugs or alcohol.

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

Damages

The damages that a plaintiff can recover in motor vehicle litigation can include both economic and non-economic damages. The first type of damages includes any monetary costs that are easily added up and calculated as a total, for example, medical expenses and lost wages, property repair, and even future financial losses such as diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and motor vehicle accident pain, and loss of enjoyment of life, cannot be reduced to money. These damages must be established with a large amount of evidence, such as depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.

In the event of multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages to be divided between them. The jury must decide the proportion of fault each defendant carries for the accident, and divide the total amount of damages awarded by the same percentage. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are suffered by drivers of trucks or cars. The method of determining if the presumption is permissive is complicated. Most of the time it is only a clear evidence that the owner did not grant permission to the driver to operate the vehicle will overcome the presumption.