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Motor Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that in the event that a jury determines that you are responsible for an accident the amount of damages you will be reduced according to your percentage of fault. This rule is not applicable to the owners of vehicles that are which are rented out or leased to minors.

Duty of Care

In a negligence lawsuit the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. Almost everybody owes this duty to everyone else, however those who take the driving wheel of a motorized vehicle have an even higher duty to the other drivers in their zone of activity. This includes ensuring that they do not cause accidents with motor vehicle attorneys vehicles.

Courtrooms assess an individual's actions to what a typical individual would do in similar circumstances to determine what constitutes an acceptable standard of care. Expert witnesses are frequently required in cases of medical malpractice. Experts with more experience in a certain field may be held to a greater standard of care.

A breach of a person's obligation of care can cause harm to the victim or their property. The victim must then prove that the defendant's breach of their duty caused the harm and damages they have suffered. Causation is an essential element of any negligence claim. It involves proving the primary and secondary causes of the damage and injury.

For instance, if a person runs a red stop sign and is stopped, they will be hit by a vehicle. If their car is damaged they will be responsible for repairs. However, the real cause of the crash could be a cut from a brick that later develops into a dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that must be proved in order to receive compensation in a personal injury lawsuit. A breach of duty is when the actions of the person who is at fault are insufficient to what a normal person would do under similar circumstances.

A doctor, for instance has a variety of professional duties towards his patients that are derived from the law of the state and licensing authorities. Drivers are bound to be considerate of other drivers and pedestrians, as well as to respect traffic laws. If a driver violates this duty of care and causes an accident, he is accountable for the victim's injuries.

A lawyer may use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then demonstrate that the defendant failed to satisfy the standard through his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also prove that the breach by the defendant was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant could have run through a red light but that's not the cause of the crash on your bicycle. For this reason, causation is often challenged by defendants in crash cases.

Causation

In motor vehicle settlement motor vehicle attorneys cases the plaintiff must prove that there is a causal connection between the breach of the defendant and their injuries. For instance, if a plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends and their lawyer would argue that the accident caused the injury. Other elements that are required to produce the collision, such as being in a stationary car, are not culpable, and do not affect the jury's determination of the liability.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff has a troubles in his or her childhood, had a difficult relationship with his or her parents, abused alcohol and drugs or had previous unemployment may have some influence on the severity of the psychological issues he or she suffers after an accident, but courts typically consider these factors as part of the context that led to the accident from which the plaintiff's injury arose rather than an independent cause of the injuries.

If you've been involved in an accident that is serious to your vehicle it is crucial to consult with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle lawsuit vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in different areas of expertise as well as experts in computer simulations and reconstruction of accident.

Damages

The damages that plaintiffs can claim in motor vehicle settlement vehicle litigation can include both economic and non-economic damages. The first category of damages is all costs that can easily be added up and calculated into a total, such as medical treatments, motor vehicle litigation lost wages, repairs to property, and even financial loss, for instance loss of earning capacity.

New York law recognizes that non-economic damages such as pain and suffering, and loss of enjoyment of life cannot be reduced to financial value. The proof of these damages is through extensive evidence such as depositions of family members and friends of the plaintiff or medical records, or 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 award should be allocated between them. The jury must determine how much responsibility each defendant had for the accident and to then divide the total damages award by the percentage of blame. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of these trucks and cars. The subsequent analysis of whether the presumption of permissiveness is applicable is a bit nebulous and typically only a clear showing that the owner was explicitly was not granted permission to operate the vehicle will overcome it.