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Motor Vehicle Litigation

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

New York has a pure comparative negligence rule. This means that if a jury finds that you are responsible for an accident and you are found to be at fault, your damages will be reduced according to your percentage of fault. This rule does not apply to owners of vehicles 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 exercise reasonable care. This duty is owed by all people, however those who drive a vehicle owe an even greater obligation to other drivers in their field. This includes not causing accidents in motor vehicles.

In courtrooms the standard of care is determined by comparing the actions of an individual with what a typical person would do under similar conditions. In cases of medical malpractice, expert witnesses are usually required. People with superior knowledge in the field could be held to a higher standard of medical care.

A person's breach of their duty of care may cause harm to a victim, or their property. The victim has to prove that the defendant's breach of their duty caused the damage and injury they have suffered. Causation proof is a crucial element in any negligence case and involves looking at both the actual cause of the injury or damages as well as the cause of the damage or injury.

For instance, if a driver runs a red stop sign and is stopped, they'll be struck by another car. If their car is damaged they'll be accountable for the repairs. But the reason for the crash might be a cut or bricks, which later turn into a deadly infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. It must be proven for compensation in a personal injury case. A breach of duty happens when the actions of the party at fault aren't in line with what an average person would do in similar circumstances.

For instance, a doctor has several professional duties to his patients, arising from state law and licensing boards. Motorists owe a duty care to other motorists and pedestrians to drive safely and observe traffic laws. If a driver fails to comply with this obligation of care and results in an accident, the driver is liable for the injuries suffered by the victim.

A lawyer can use "reasonable people" standard to prove that there is a duty of prudence and then show that the defendant did not meet this standard with his actions. The jury will decide if the defendant fulfilled or did not meet the standards.

The plaintiff must also establish that the breach of duty by the defendant was the primary cause for the injuries. This can be more difficult to prove than the existence of a duty or breach. For example, a defendant may have run a red light but the action wasn't the proximate reason for your bicycle crash. For this reason, causation is frequently disputed by the defendants in cases of crash.

Causation

In motor vehicle accident attorneys vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. If the plaintiff suffered a neck injury in a rear-end collision the attorney for the plaintiff will argue that the crash was the reason for the injury. Other elements that are required for the collision to occur, like being in a stationary car, are not culpable and will not affect the jury's decision of liability.

It could be more difficult to prove a causal link between an act of negligence and the plaintiff's psychological problems. It may be that the plaintiff has a turbulent background, a strained relationship with their parents, or is a user of drugs or alcohol.

It is imperative to consult an experienced attorney if you have been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accident lawsuits vehicle accidents as well as business and commercial litigation, as well as personal injury cases. Our lawyers have established working relationships with independent doctors in a variety of areas of expertise as well as expert witnesses in computer simulations and accident reconstruction.

Damages

The damages that plaintiffs can claim in a Motor Vehicle Accident Attorney vehicle lawsuit include both economic and non-economic damages. The first category of damages is all financial costs that can easily be added up and then calculated into a total, for example, medical treatment or lost wages, repair to property, and even financial losses, such as loss of earning capacity.

New York law recognizes that non-economic damages like pain and suffering, and loss of enjoyment, cannot be reduced to money. However, these damages must be proven to exist through extensive evidence, including deposition testimony of the plaintiff's close friends and family members medical records, other expert witness testimony.

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of total damages that should be divided between them. The jury must decide the amount of fault each defendant has for the accident and then divide the total amount of damages awarded by that percentage. New York law however, does not allow for this. 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of these vehicles and trucks. The resulting analysis of whether the presumption of permissive use applies is not straightforward and usually only a clear evidence that the owner explicitly refused permission to operate the vehicle will overcome it.