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Motor Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The defendant has the option to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, when a jury finds you to be responsible for an accident and you are found to be at fault, your damages will be reduced based on your percentage of blame. This rule does not apply to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was bound by the duty of care toward them. The majority of people owe this obligation to everyone else, however individuals who get behind the car have a greater obligation to the other drivers in their zone of activity. This includes ensuring that they do not cause accidents in motor vehicle attorneys vehicles.

Courtrooms compare an individual's actions with what a normal person would do in similar circumstances to determine a reasonable standard of care. In cases of medical malpractice expert witnesses are typically required. Experts who have a greater understanding of a certain field may be held to a higher standard of medical care.

If a person violates their duty of care, it may cause damage to the victim as well as their property. The victim has to prove that the defendant acted in breach of their duty and caused the injury or damages they sustained. Causation proof is a crucial part of any negligence case which involves considering both the actual causes of the injury damages and the proximate reason for the injury or damage.

For instance, if a driver is stopped at a red light and is stopped, they will be hit by another car. If their car is damaged, they'll have to pay for the repairs. The actual cause of an accident 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 receive compensation in a personal injury lawsuit. A breach of duty happens when the actions of the person at fault do not match what an average person would do in similar circumstances.

For instance, a physician is required to perform a number of professional duties for his patients stemming from laws of the state and licensing boards. Drivers are bound to care for other drivers and pedestrians, as well as to respect traffic laws. If a motorist violates this obligation of care and creates an accident, he is responsible for the injuries sustained by the victim.

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 the standard in his actions. It is a question of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the main cause of the injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For example the defendant could have run a red light but his or her action was not the primary cause of the crash. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle case vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. If the plaintiff sustained a neck injury in an accident with rear-end damage then his or her attorney would argue that the collision caused the injury. Other factors necessary to cause the collision, like being in a stationary vehicle are not culpable and will not affect the jury’s determination of the cause of the accident.

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

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

Damages

The damages that plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first category of damages encompasses all financial costs that can be easily added together and summed up into a total, such as medical treatment and lost wages, repairs to property, and even future financial losses, such as the loss of earning capacity.

New York law recognizes that non-economic damages like suffering and pain, motor vehicle case as well as loss of enjoyment cannot be reduced to financial value. These damages must be proved 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 typically apply the rules of comparative fault to determine the amount of total damages to be split between them. The jury will determine the amount of fault each defendant has for the accident and then divide the total damages awarded by the percentage. New York law however, doesn't allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of these trucks and cars. The subsequent analysis of whether the presumption that permissive use applies is not straightforward and typically only a clear showing that the owner has explicitly denied permission to operate the vehicle will be able to overcome it.