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Motor Vehicle Litigation

If liability is contested, it becomes necessary to start 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 the crash the damages awarded will be reduced by your percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a negligence case the plaintiff has to prove that the defendant owed them a duty to act with reasonable care. This duty is owed by everyone, but people who operate vehicles owe an even higher duty to others in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the standard of care is determined by comparing an individual's behavior with what a typical person would do in the same conditions. Expert witnesses are often required in cases involving medical malpractice. Experts with a higher level of expertise in a specific field could be held to the highest standards of care than other people in similar situations.

A breach of a person's obligation of care can cause harm to a victim, or their property. The victim has to prove that the defendant acted in breach of their duty and caused the harm or damage they sustained. Causation is an important part of any negligence claim. It requires proof of both the actual and proximate causes of the damage and injury.

For instance, if someone runs a red light there is a good chance that they'll be struck by another car. If their vehicle is damaged, they'll be responsible for repairs. But the reason for the crash might be a cut in the brick, which then develops into a dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury lawsuit. A breach of duty is when the actions of the person at fault do not match what a normal person would do under similar circumstances.

For instance, a doctor has several professional duties to his patients, arising from state law and licensing boards. Drivers are required to care for other drivers and pedestrians, as well as to follow traffic laws. If a driver fails to comply with this duty of care and results in an accident, the driver is responsible for the victim's injuries.

Lawyers can rely on the "reasonable person" standard to establish the existence of a duty of care and then show that the defendant failed to meet that standard in his actions. It is a question of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also prove that the defendant's breach was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant may have run through a red light, but that's not the cause of the accident on your bicycle. Because of this, the causation issue is often contested by defendants in collision cases.

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 a plaintiff suffers a neck injury in a rear-end accident then his or her attorney will argue that the incident caused the injury. Other factors that contributed to the collision, like being in a stationary car is not culpable and will not influence the jury’s determination of the fault.

It could be more difficult to prove a causal link between an act of negligence and the plaintiff's psychological symptoms. It could be that the plaintiff has a troubled past, has a difficult relationship with their parents, or is a user of alcohol or drugs.

If you have been in a serious motor vehicle lawsuit vehicle accident, it is important to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle attorney vehicle accidents as well as business and commercial litigation, as well as personal injury cases. Our lawyers have built working relationships with independent physicians in different specialties, as well expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages that plaintiffs can seek in a motor vehicle case include both economic and non-economic damages. The first type of damages includes any monetary costs that are easily added to calculate a sum, motor vehicle case such as medical expenses, lost wages, property repairs, and even future financial losses, like a decrease in earning capacity.

New York law also recognizes the right to seek non-economic damages like pain and suffering as well as loss of enjoyment of life which cannot be reduced to a monetary amount. However the damages must be proved to exist with the help of extensive evidence, including deposition testimony of the plaintiff's family members and close friends medical records, other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine how much of the total damages award should be allocated between them. This requires the jury to determine the amount of fault each defendant had for the incident and then divide the total amount of damages by that percentage of fault. However, New York law 1602 excludes vehicle owners from the comparative negligence rule in cases where injuries are sustained by drivers of trucks or cars. The process to determine if the presumption is permissive or not is complex. The majority of the time the only way to prove that the owner was not able to grant permission for the driver to operate the vehicle will overcome the presumption.