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motor vehicle lawyers Vehicle Litigation

When a claim for liability is litigated then it is necessary to file a lawsuit. The Defendant has the right to respond to the complaint.

New York follows pure comparative fault rules, which means that if the jury finds you responsible for an accident the damages awarded will be reduced by your percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors.

Duty of Care

In a negligence suit the plaintiff must show that the defendant was obligated to exercise reasonable care. This duty is due to everyone, but people who operate vehicles owe an even greater obligation to others in their field. This includes ensuring that they do not cause accidents in motor vehicle attorney vehicles.

Courtrooms examine an individual's conduct to what a typical person would do in similar circumstances to determine what constitutes a reasonable standard of care. In the event of medical malpractice experts are often required. Experts with a superior understanding of a certain field may be held to a higher standard of care.

A person's breach of their duty of care may cause harm to a victim, or their property. The victim must then prove that the defendant's breach of their duty resulted in the harm and damages they sustained. Causation is an essential element of any negligence claim. It requires proving both the actual and proximate causes of the injury and damages.

If a person is stopped at an intersection, they are likely to be struck by a vehicle. If their car is damaged, they will be required to pay for repairs. But the actual cause of the crash might be a cut on a brick that later develops into a deadly infection.

Breach of Duty

A defendant's breach of duty is the second aspect of negligence that has to be proven to win compensation in a personal injury lawsuit. A breach of duty occurs when the at-fault party's actions aren't in line with what an average person would do in similar circumstances.

A doctor, for instance, has several professional duties to his patients stemming from state law and licensing boards. Drivers are required to care for other drivers as well as pedestrians, and to adhere to traffic laws. Drivers who violate this obligation and creates an accident is accountable for the injuries of the victim.

A lawyer can rely on the "reasonable individuals" standard to demonstrate that there is a duty to be cautious and then demonstrate that defendant did not meet this standard in his conduct. The jury will decide if the defendant met or did not meet the standards.

The plaintiff must also demonstrate that the defendant's breach was the main cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example an individual defendant could have crossed a red light, however, the act wasn't the proximate cause of the crash. For this reason, the causation issue is often contested by defendants in crash cases.

Causation

In motor vehicle compensation vehicle accidents, the plaintiff must prove an causal link between breach by the defendant and their injuries. If the plaintiff sustained an injury to the neck in an accident that involved rear-end collisions the attorney for the plaintiff will argue that the incident caused the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle are not culpable and will not affect the jury's decision to determine the cause of the accident.

For motor vehicle case psychological injuries, however, the link between a negligent act and an injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff has a troubles in his or her childhood, had a difficult relationship with his or her parents, was a user of drugs and alcohol or experienced prior unemployment could have a influence on the severity the psychological issues is suffering from following an accident, however, the courts typically look at these factors as part of the background circumstances that caused the accident occurred, rather than as an independent reason for the injuries.

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

Damages

The damages plaintiffs can seek in a motor vehicle case include both economic and non-economic damages. The first type of damages encompasses all costs that can be easily added together and calculated as the total amount, which includes medical treatment, lost wages, repairs to property, and even financial loss, for instance a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, including pain and suffering as well as loss of enjoyment, which cannot be reduced to a dollar amount. These damages must be proved through extensive 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 often use the rules of comparative negligence to determine the proportion of damages awarded should be divided between them. The jury will determine the percentage of fault each defendant is responsible for the accident and then divide the total amount of damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of those cars and trucks. The subsequent analysis of whether the presumption that permissive use applies is complicated and typically only a clear showing that the owner was explicitly refused permission to operate the car will overcome it.