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Motor Vehicle Litigation

If liability is contested then it is necessary to file a lawsuit. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules and, if the jury finds you to be the cause of a crash the amount of damages awarded will be reduced by your percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a lawsuit for negligence 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 steering wheel of a motor vehicle law vehicle are obligated to others in their area of activity. This includes not causing accidents in motor motor vehicle litigation vehicles.

In courtrooms, the standards of care are determined by comparing an individual's conduct with what a typical person would do in the same circumstances. This is why expert witnesses are often required in cases involving medical negligence. Experts who are knowledgeable of a specific area may also be held to an even higher standard of care than others in similar situations.

A breach of a person's duty of care could cause harm to the victim or their property. The victim is then required to show that the defendant's infringement of their duty resulted in the injury and damages that they sustained. Causation is an important part of any negligence claim. It involves proving both the proximate and real causes of the injury and damages.

For example, if someone runs a red stop sign there is a good chance that they'll be struck by a vehicle. If their car is damaged, they'll be responsible for the repairs. The real cause of the crash could be a brick cut which develops into an infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proved in order to secure compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault aren't in line with what an average person would do in similar circumstances.

A doctor, for instance has a variety of professional obligations to his patients that are derived from the law of the state and licensing authorities. Drivers have a duty to take care of other drivers and pedestrians, and to obey traffic laws. If a driver violates this obligation of care and creates an accident, he is responsible for the injury suffered by the victim.

A lawyer can use "reasonable individuals" standard to demonstrate that there is a duty of care and then prove that the defendant did not meet this standard with his actions. It is a question of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also prove that the defendant's negligence was the primary cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light but that wasn't what caused the bicycle accident. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle cases, the plaintiff must prove a causal link between defendant's breach and their injuries. For instance, if a plaintiff sustained an injury to his neck in an accident that involved rear-ends and their lawyer could argue that the accident caused the injury. Other factors that are needed to produce the collision, such as being in a stationary vehicle, are not culpable and do not affect the jury's determination of the liability.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff had troubles in his or her childhood, had a difficult relationship with their parents, experimented with drugs and alcohol or experienced prior unemployment could have a bearing on the severity of the psychological issues suffers following an accident, however, the courts typically look at these factors as an element of the background conditions that caused the accident in which the plaintiff arose rather than an independent reason for the injuries.

If you have been in a serious motor vehicle claim vehicle crash it is crucial to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in a range of specialties and expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

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 encompasses all financial costs that can easily be added up and then calculated into the total amount, which includes medical treatments or lost wages, repair to property, and even the possibility of future financial loss, such diminished earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, and loss of enjoyment of life are not able to be reduced to monetary value. These damages must be proved through extensive evidence like depositions of family members and friends of the plaintiff or medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages that should be divided between them. The jury must determine the amount of fault each defendant incurred in the accident, and then divide the total damages award by the percentage of fault. However, New York law 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries sustained by the drivers of trucks or cars. The method of determining if the presumption is permissive or not is complicated. Typically there is only a clear proof that the owner did not grant permission for the driver to operate the vehicle can overcome the presumption.