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Motor Vehicle Litigation

When liability is contested and the liability is disputed, it is necessary to file a lawsuit. The defendant is entitled to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, should a jury find you to be responsible for an accident, your damages will be reduced according to your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence suit the plaintiff must show that the defendant owed them a duty to exercise reasonable care. This duty is due 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 don't cause accidents with motor vehicle attorneys vehicles.

Courtrooms compare an individual's actions with what a normal person would do under similar conditions to determine a reasonable standard of care. In the case of medical malpractice experts are typically required. Experts who have a superior understanding of a specific area may also be held to an higher standard of care than other individuals in similar situations.

If a person violates their duty of care, it can cause harm to the victim and/or their property. The victim must demonstrate that the defendant's violation of their duty caused the harm and Motor Vehicle Litigation damages they have suffered. Causation is an essential element of any negligence claim. It involves proving the proximate and real causes of the injury and damages.

If a driver is caught running an stop sign and fails to obey the stop sign, they could be hit by another vehicle. If their car is damaged, they will need to pay for repairs. The reason for the crash could be a brick cut which develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second factor of negligence that must be proved in order to secure compensation in a personal injury lawsuit. A breach of duty is when the actions of the at-fault person do not match what an ordinary person would do under similar circumstances.

A doctor, for example has a variety of professional obligations to his patients, which stem from state law and licensing bodies. Drivers are required to be considerate of other drivers as well as pedestrians, and to adhere to traffic laws. If a driver violates this obligation of care and creates an accident, he is responsible for the injuries suffered by the victim.

A lawyer can 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. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also demonstrate that the breach by the defendant was the primary cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant may have run through a red light but that's not the cause of the bicycle accident. For this reason, causation is often challenged by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. For example, if the plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends the lawyer will claim that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary car is not culpable and will not influence the jury's decision on the cause of the accident.

For psychological injuries, however, the link between an act of negligence and an victim's afflictions may be more difficult to establish. It may be because the plaintiff has a troubled past, has a bad relationship with their parents, or has abused alcohol or drugs.

It is imperative to consult an experienced attorney should you be involved in a serious motor vehicle lawyer vehicle accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident as well as business and commercial litigation, as well as personal injury cases. Our lawyers have established working relationships with independent physicians in various specialties as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

In motor vehicle lawsuit vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first type of damages comprises any financial expenses that can be easily added to calculate a sum, such as medical treatment and lost wages, property repair, and even future financial losses, like a decrease in earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment, cannot be reduced to monetary value. The damages must be proven through extensive evidence such as depositions of family members and friends of the plaintiff or medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts will typically employ comparative fault rules to determine the amount of total damages to be divided between them. The jury must determine how much fault each defendant was responsible for the accident, and then divide the total amount of damages by that percentage of fault. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of these vehicles and trucks. The method of determining if the presumption is permissive is complicated. The majority of the time there is only a clear proof that the owner did not grant permission for the driver to operate the vehicle will be sufficient to overturn the presumption.