Motor Vehicle Litigation

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

New York has a pure comparative negligence rule. This means that, should a jury find that you are responsible for an accident, your damages will be reduced according to your percentage of blame. This rule is not applicable to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was bound by the duty of care towards them. This duty is due to all people, however those who operate a vehicle owe an even greater duty to other people in their field. This includes not causing motor vehicle accidents.

In courtrooms, the standard of care is established by comparing an individual's conduct against what a normal individual would do in similar conditions. In the event of medical malpractice expert witnesses are typically required. Experts with a superior understanding of the field could be held to a greater standard of treatment.

If someone violates their duty of care, it may cause harm to the victim and/or their property. The victim has to show that the defendant's infringement of their duty led to the harm and damages they have suffered. Proving causation is an essential part of any negligence case which involves looking at both the actual causes of the injury damages and the proximate reason for the damage or injury.

For instance, if a driver has a red light there is a good chance that they'll be struck by a vehicle. If their car is damaged they'll be accountable for the repairs. The actual cause of a crash could be caused by a fracture in the brick that leads to an infection.

Breach of Duty

The second element of negligence is the breach of duty by a defendant. The breach of duty must be proved in order to obtain compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault are not in line with what an average person would do in similar circumstances.

A doctor, for instance, has several professional obligations to his patients based on laws of the state and licensing boards. Drivers are obliged to care for other drivers and pedestrians, and to follow traffic laws. If a driver violates this duty and results in an accident is responsible for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of the duty of care, and then demonstrate that the defendant did not comply with the standard in his actions. It is a matter of fact for the jury to decide if the defendant complied with the standard or not.

The plaintiff must also establish that the breach of duty of the defendant was the primary cause for his or her injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant might have walked through a red light but that's not what caused the bicycle accident. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. For instance, if the plaintiff sustained an injury to the neck as a result of a rear-end collision and his or her lawyer would argue that the collision caused the injury. Other factors that are necessary for the collision to occur, such as being in a stationary car, are not culpable and will not affect the jury's decision of the liability.

It could be more difficult to establish a causal connection between a negligent action and the plaintiff's psychological problems. It could be that the plaintiff has a troubled past, a poor relationship with their parents, or is a user of drugs or alcohol.

It is important to consult an experienced lawyer should you be involved in a serious car accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident, commercial and business litigation, and personal injury cases. Our lawyers have built working relationships with independent doctors in different specialties, as well experts in computer simulations as well as reconstruction of accidents.

Damages

The damages that a plaintiff may recover in a motor vehicle accident attorney vehicle lawsuit include both economic and non-economic damages. The first category of damages includes any monetary costs that can be easily added up and calculated as a sum, such as medical treatment, lost wages, property repairs, and even future financial losses like diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, including pain and suffering and loss of enjoyment, which cannot be reduced to a monetary amount. However these damages must be proven to exist using extensive evidence, including deposition testimony from plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages awarded should be divided between them. The jury will determine the percentage of fault each defendant is responsible for the incident, and divide the total amount of damages awarded by the percentage. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of these vehicles and trucks. The method of determining if the presumption of permissiveness is complex. Most of the time the only way to prove that the owner did not grant permission for the driver to operate the vehicle can be sufficient to overturn the presumption.