Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant is entitled to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you to be at fault for motor vehicle accident lawsuit causing an accident the amount of damages awarded will be reduced by the percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a lawsuit for Motor Vehicle Accident Lawsuit negligence, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. This duty is owed to all, but those who drive a vehicle owe an even greater duty to other people in their field. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms assess an individual's actions to what a typical person would do in the same circumstances to establish what is reasonable standards of care. In the event of medical malpractice experts are often required. Experts with more experience in particular fields may be held to a higher standard of treatment.

A person's breach of their duty of care can cause harm to the victim or their property. The victim must show that the defendant's infringement of their duty resulted in the harm and damages they have suffered. Causation proof is a crucial part of any negligence case and involves considering both the actual cause of the injury or damages and the proximate reason for the injury or damage.

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

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proved in order to secure compensation in a personal injury suit. A breach of duty occurs when the actions of the person at fault are not in line with what reasonable people would do in similar circumstances.

For instance, a doctor is a professional with a range of professional obligations towards his patients, which stem from the law of the state and licensing authorities. Motorists owe a duty care to other motorists and pedestrians to drive safely and obey traffic laws. When a driver breaches this obligation of care and results in an accident, the driver is accountable for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then prove that the defendant failed to satisfy the standard through his actions. It is a question of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also prove that the defendant's breach was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. For instance, a defendant may have run a red light but his or her action wasn't the proximate cause of the crash. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle-related cases, the plaintiff must prove a causal link between the breach by the defendant and their injuries. If the plaintiff sustained a neck injury in a rear-end accident and his or her attorney would argue that the accident was the reason for the injury. Other factors necessary to cause the collision, like being in a stationary car are not considered to be culpable and will not impact the jury's decision to determine the cause of the accident.

For psychological injuries, however, the link between a negligent act and an victim's afflictions may be more difficult to establish. It could be the case that the plaintiff has a turbulent past, has a bad relationship with their parents, or has used drugs or alcohol.

If you have been in a serious motor vehicle crash it is crucial to consult an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor Vehicle accident lawsuit - vimeo.com - vehicle accidents cases, business and commercial litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent physicians in many specialties, as well expert witnesses in computer simulations and reconstruction of accidents.

Damages

The damages that a plaintiff may recover in a motor vehicle case include both economic and non-economic damages. The first category of damages includes any monetary expenses that can be easily added to calculate a sum, such as medical treatment or lost wages, property repair and even future financial losses, like a diminished earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment, cannot be reduced to monetary value. The damages must be proven through extensive evidence like depositions from family members and friends of the plaintiff or medical records, or other expert witness testimony.

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine the proportion of damages awarded should be divided between them. The jury must determine the amount of fault each defendant had for the accident and to then divide the total damages award by the percentage of fault. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are sustained by drivers of trucks or cars. The process to determine if the presumption is permissive or not is complex. Most of the time there is only a clear proof that the owner denied permission to the driver to operate the vehicle will be sufficient to overturn the presumption.