Motor Vehicle Litigation

If the liability is challenged in court, it becomes necessary to make a complaint. The defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, when a jury finds you to be at fault for an accident, your damages will be reduced based on your percentage of blame. There is one exception 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 negligence, the plaintiff must prove that the defendant was obligated to act with reasonable care. This duty is owed to all people, however those who operate a vehicle owe an even greater obligation to other people in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the standard of care is established by comparing an individual's conduct against what a normal individual would do in similar circumstances. Expert witnesses are often required in cases involving medical negligence. Experts with a superior understanding of a certain field may be held to a higher standard of care.

A breach of a person's duty of care could cause harm to a victim or their property. The victim is then required to show that the defendant violated their duty and caused the harm or damages they suffered. The proof of causation is an essential aspect of any negligence case which involves investigating both the primary reason for the injury or damages as well as the cause of the damage or injury.

If someone is driving through an intersection then they are more likely to be hit by a car. If their car is damaged they will be responsible for the repairs. The reason for the accident could be a cut or a brick that later develops into a serious infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. The breach of duty must be proved in order to receive compensation for personal injury claims. 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 instance, has a variety of professional obligations to his patients stemming from state law and licensing boards. Drivers are bound to protect other motorists and pedestrians, and to follow traffic laws. Drivers who violate this duty and causes an accident is accountable for the injuries of the victim.

A lawyer may use the "reasonable people" standard to show that there is a duty of caution and then show that the defendant did not comply with this standard in his actions. The jury will determine if the defendant met or motor vehicle Accident Attorneys did not meet the standard.

The plaintiff must also establish that the breach of duty by the defendant was the primary cause for the injuries. It can be more difficult to prove this than a breach of duty. For instance an individual defendant could have run a red light but his or her action wasn't the main cause of the crash. This is why causation is often contested by defendants in collision cases.

Causation

In motor vehicle accident attorneys (on the main page) vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. For instance, if the plaintiff suffered a neck injury from a rear-end collision and their lawyer might argue that the accident caused the injury. Other factors that are necessary to cause the collision, like being in a stationary vehicle, are not culpable, and won't affect the jury’s determination of the fault.

It is possible to prove a causal link between a negligent act and the psychological symptoms of the plaintiff. The reality that the plaintiff experienced a an unhappy childhood, a poor 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 an accident, however, the courts typically view these elements as part of the background circumstances that led to the accident from which the plaintiff's injury resulted rather than an independent reason for the injuries.

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

Damages

In motor vehicle litigation, a plaintiff may get both economic and non-economic damages. The first type of damages is any monetary costs that are easily added to calculate the sum of medical treatment or lost wages, property repair, and even future financial losses, like diminished earning capacity.

New York law also recognizes the right to recover non-economic damages such as the suffering of others and the loss of enjoyment of life, which cannot be reduced to a dollar amount. These damages must be established through extensive evidence like depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In the event of multiple defendants, Motor Vehicle Accident Attorneys courts often use comparative fault rules to determine the amount of total damages that should be divided between them. The jury must determine the degree of fault each defendant had for the accident and then divide the total amount of damages by that percentage of fault. However, New York law 1602 excludes vehicle owners from the comparative negligence rule in cases where injuries are caused by drivers of trucks or cars. The analysis to determine whether the presumption is permissive is complicated. Typically, only a clear demonstration that the owner denied permission for the driver to operate the vehicle can overcome the presumption.