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Motor Vehicle Litigation

A lawsuit is required 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 you to be responsible for an accident the amount of damages you will be reduced according to your percentage of blame. There is a caveat to this rule: CPLR SS 1602 excludes the owners of vehicles that are rented or leased by minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant owed the duty of care toward them. The majority of people owe this obligation to everyone else, however those who take the steering wheel of a motor vehicle are obligated to others in their area of activity. This includes ensuring that they do not cause motor vehicle accidents.

In courtrooms the quality of care is determined by comparing an individual's behavior against what a normal individual would do under similar conditions. Expert witnesses are often required in cases involving medical malpractice. Experts who have a greater understanding of specific fields could be held to a greater standard of care.

A breach of a person's duty of care can cause injury to a victim or their property. The victim is then required to prove that the defendant acted in breach of their duty and caused the harm or damage that they suffered. Causation proof is a crucial part of any negligence case and involves taking into consideration both the real cause of the injury or damages, as well as the causal cause of the damage or injury.

For instance, if a driver runs a red stop sign then it's likely that they'll be struck by another car. If their car is damaged, they'll be responsible for the repairs. The reason for the crash might be a cut in a brick that later develops into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty by a defendant. This must be proved for compensation for personal injury claims. A breach of duty is when the actions taken by the person at fault fall short of what a normal person would do in similar circumstances.

For instance, a physician has several professional obligations to his patients that are governed by the law of the state and licensing boards. Motorists are required to show care to other motorists and pedestrians on the road to be safe and follow traffic laws. If a driver violates this duty and causes an accident is responsible for the victim's injuries.

A lawyer can use the "reasonable person" standard to prove the existence of the duty of care and then show that the defendant failed to meet that standard in his actions. It is a question of fact that the jury has to decide whether the defendant was in compliance with the standard or motor vehicle accidents not.

The plaintiff must also demonstrate that the defendant's negligence was the direct cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light but that wasn't what caused the crash on your bicycle. This is why causation is often contested by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If the plaintiff suffered neck injuries in a rear-end collision the attorney for the plaintiff will argue that the crash caused the injury. Other factors necessary to cause the collision, like being in a stationary vehicle, are not culpable, and won't affect the jury's decision on the cause of the accident.

It could be more difficult to prove a causal link between a negligent act and the psychological symptoms of the plaintiff. The fact that the plaintiff suffered from a an uneasy childhood, a bad relationship with his or her parents, experimented with alcohol and drugs or previous unemployment may have some influence on the severity the psychological issues is suffering from following an accident, however, the courts typically consider these factors as part of the circumstances that caused the accident resulted rather than an independent reason for the injuries.

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

Damages

The damages plaintiffs can seek in motor vehicle accident law firms vehicle litigation include both economic and non-economic damages. The first type of damages is all costs that are easily added together and calculated as an overall amount, including medical treatments as well as lost wages, repairs to property, and even future financial loss, for instance diminished earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment are not able to be reduced to monetary value. The damages must be proven with a large amount of evidence, such as depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts will typically use the comparative fault rule to determine the amount of damages to be split between them. This requires the jury to determine the degree of fault each defendant was at fault for the accident and to then divide the total damages awarded by the percentage of blame. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of the vehicles. The process of determining whether the presumption of permissiveness is complex. Typically, only a clear demonstration that the owner did not grant permission to the driver to operate the vehicle can overcome the presumption.

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