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Motor Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. The defendant will then be given the opportunity to respond to the complaint.

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

Duty of Care

In a case of negligence the plaintiff must prove that the defendant was bound by the duty of care towards them. Most people owe this duty to everyone else, however those who are behind the driving wheel of a motorized vehicle have a higher obligation to other people in their field of operation. This includes ensuring that they don't cause motor vehicle accidents.

Courtrooms compare an individual's actions with what a normal person would do under similar circumstances to determine a reasonable standard of care. In the case of medical malpractice experts are often required. Experts with more experience in specific fields could be held to a greater standard of treatment.

If a person violates their duty of care, it can cause damage to the victim as well as their property. The victim is then required to prove that the defendant acted in breach of their obligation and caused the damage or damage they sustained. Causation proof is a crucial aspect of any negligence claim and requires looking at both the actual cause of the injury or damages as well as the proximate reason for the injury or damage.

For instance, if a driver runs a red stop sign and is stopped, they'll be hit by a vehicle. If their vehicle is damaged, they'll have to pay for the repairs. However, the real cause of the accident could be a cut in bricks, which later turn into a serious infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proven to win compensation in a personal injury lawsuit. A breach of duty is when the actions taken by the person who is at fault do not match what an ordinary person would do in similar circumstances.

For example, a doctor has a variety of professional obligations to his patients based on the law of the state and licensing boards. Motorists have a duty of care to other motorists and pedestrians to drive safely and obey traffic laws. If a driver violates this obligation of care and results in an accident, he is responsible for the victim's injuries.

Lawyers can rely on the "reasonable person" standard to prove the existence of the duty of care and then demonstrate that the defendant did not meet the standard in his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also demonstrate that the breach of duty by the defendant was the sole cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example it is possible that a defendant crossed a red line, however, the act wasn't the proximate cause of your bike crash. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle accidents vehicle cases, the plaintiff must prove an causal link between breach by the defendant and their injuries. If a plaintiff suffers a neck injury in a rear-end accident the attorney for the plaintiff would argue that the collision caused the injury. Other factors that contributed to the collision, such as being in a stationary car is not culpable and will not affect the jury's decision on the degree of fault.

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

It is essential to speak with an experienced attorney should you be involved in a serious motor 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 various areas of expertise as well as experts in computer simulations and reconstruction of accident.

Damages

In motor vehicle accident attorneys vehicle litigation, a plaintiff may be able to recover both economic and noneconomic damages. The first type of damages encompasses the costs of monetary value that can easily be summed up and then calculated into a total, such as medical expenses as well as lost wages, repairs to property, and even the possibility of future financial losses, such as loss of earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment of living 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 medical records, depositions, or other expert witness testimony.

In the event of multiple defendants, courts will often use comparative fault rules to determine the amount of total damages that must be divided between them. The jury must determine the amount of fault each defendant is accountable for the incident and then divide the total amount of damages awarded by the same percentage. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of cars or trucks. The process of determining whether the presumption of permissiveness is complex. In general, only a clear demonstration that the owner was not able to grant permission to the driver to operate the vehicle can be able to overcome the presumption.