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Motor Vehicle Litigation

When liability is contested in court, it becomes necessary to make a complaint. The defendant will then be given the opportunity to respond to the complaint.

New York follows pure comparative fault rules and, if the jury finds you to be the cause of the crash the damages awarded will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must prove that the defendant owed the duty of care towards them. This duty is owed by everyone, but those who operate a vehicle have an even higher duty to others in their field. This includes not causing accidents in motor vehicle claim vehicles.

Courtrooms assess an individual's actions to what a typical individual would do under similar circumstances to determine an acceptable standard of care. Expert witnesses are often required in cases of medical malpractice. People with superior knowledge in a certain field may be held to a higher standard of care.

A person's breach of their duty of care can cause injury to a victim or their property. The victim must establish that the defendant's breach of duty caused the damage and injury they sustained. Causation proof is a crucial part of any negligence case and requires considering both the actual reason for the injury or damages, as well as the causal cause of the injury or Motor Vehicle Litigation damage.

If a driver is caught running an stop sign then they are more likely to be struck by a vehicle. If their vehicle is damaged, they will be responsible for repairs. The actual cause of a crash could be caused by a brick cut that develops into an infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proved in order to receive compensation in a personal injury claim. A breach of duty occurs when the actions of the person at fault aren't in line with what reasonable people would do in similar circumstances.

A doctor, for example is a professional with a range of professional obligations towards his patients. These professional obligations stem from the law of the state and licensing bodies. Drivers are bound to protect other motorists and pedestrians, and adhere to traffic laws. If a driver violates this obligation of care and results in an accident, he is accountable for the injuries sustained by the victim.

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

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 or breach. A defendant could have run through a red light but that's not what caused the crash on your bicycle. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle compensation vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and the injuries. For instance, if the plaintiff sustained neck injuries as a result of a rear-end collision and his or her lawyer could argue that the collision caused the injury. Other factors that are essential in causing the collision like being in a stationary car, are not culpable and do not affect the jury's decision of the liability.

For psychological injuries However, the connection between a negligent act and the affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff suffered from a troubles in his or her childhood, had a difficult relationship with their parents, abused alcohol and drugs or had prior unemployment could have a influence on the severity the psychological issues is suffering from following a crash, but the courts typically look at these factors as part of the circumstances that led to the accident from which the plaintiff's injury resulted rather than an independent cause of the injuries.

It is crucial to consult an experienced lawyer if you have been involved in a serious car accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident as well as business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent medical professionals with a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well as with private investigators.

Damages

The damages that a plaintiff can recover in motor vehicle legal vehicle litigation can include both economic and non-economic damages. The first category of damages includes all monetary costs which can be easily added together and calculated into the total amount, which includes medical expenses as well as lost wages, repairs to property, and even the possibility of future financial loss, for instance the 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, which cannot be reduced to a dollar amount. These damages must be proved through extensive evidence such as depositions of family members or friends of the plaintiff or medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts typically use the comparative fault rule to determine the amount of damages to be split between them. This requires the jury to determine the amount of fault each defendant incurred in the incident and then divide the total amount of damages by that percentage of fault. New York law however, does not permit this. 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of those cars and trucks. The process to determine if the presumption is permissive is complex. In general the only way to prove that the owner denied permission for the driver to operate the vehicle will overcome the presumption.