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Motor Vehicle Litigation

If the liability is challenged and the liability is disputed, it is necessary to bring a lawsuit. The Defendant has the right to respond to the complaint.

New York follows pure comparative fault rules which means that when a jury finds you to be the cause of the crash the amount of damages awarded will be reduced by the percentage of negligence. This rule does not apply to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a negligence suit the plaintiff has to prove that the defendant owed them a duty to act with reasonable care. Nearly everyone owes this obligation to everyone else, but those who are behind the driving wheel of a motorized vehicle have a greater obligation to other people in their field of operation. This includes not causing accidents with motor vehicle attorneys vehicles.

Courtrooms examine an individual's conduct to what a typical individual would do in similar conditions to determine an acceptable standard of care. In cases of medical malpractice experts are typically required. Experts who have a greater understanding of particular fields may be held to a greater standard of treatment.

A person's breach of their duty of care can cause injury to a victim or their property. The victim is then required to prove that the defendant breached their duty and caused the harm or damage that they suffered. Proving causation is a critical part of any negligence case and requires considering both the actual basis of the injury or damages as well as the cause of the damage or injury.

If someone is driving through an intersection then they are more likely to be struck by another vehicle. If their car is damaged they'll be accountable for repairs. But the reason for the crash might be a cut or the brick, which then develops into a potentially dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proved in order to secure compensation in a personal injury case. A breach of duty occurs when the at-fault party's actions are not in line with what an average person would do in similar circumstances.

For instance, a doctor has many professional duties towards his patients, which stem from laws of the state and licensing bodies. Drivers are bound to protect other motorists as well as pedestrians, and to follow traffic laws. A driver who breaches this obligation and causes an accident is accountable for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of a duty of care and motor vehicle litigation then demonstrate that the defendant failed to meet that standard in his actions. It is a matter of fact that the jury has to decide whether the defendant fulfilled the standard or not.

The plaintiff must also demonstrate that the breach by the defendant was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example an individual defendant could have been a motorist who ran a red light, but his or her action was not the primary cause of the crash. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle settlement vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and his or her injuries. For instance, if the plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends and their lawyer will claim that the collision caused the injury. Other factors that contributed to the collision, such as being in a stationary vehicle are not considered to be culpable and will not influence the jury’s determination of the degree of fault.

For psychological injuries However, the connection between a negligent act and an affected plaintiff's symptoms can be more difficult to establish. It may be that the plaintiff has a rocky background, a strained relationship with their parents, or is a user of alcohol or drugs.

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

Damages

The damages plaintiffs can claim in motor vehicle litigation can include both economic and non-economic damages. The first type of damages includes the costs of monetary value that can easily be added up and summed up into a total, such as medical treatment or lost wages, repair to property, and even future financial loss, such the loss of earning capacity.

New York law recognizes that non-economic damages such as pain and suffering, and loss of enjoyment of life 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 damages to be divided between them. The jury must decide the percentage of blame each defendant carries for the incident and then divide the total damages awarded by that percentage. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these trucks and cars. The resulting analysis of whether the presumption of permissive usage applies is complicated, and typically only a clear showing that the owner was explicitly did not have permission to operate his vehicle will overcome it.