공지사항

motor vehicle accident lawyer Vehicle Litigation

When liability is contested in court, it becomes necessary to bring a lawsuit. The Defendant will then have the chance to respond to the complaint.

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

Duty of Care

In a negligence suit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. Most people owe this duty to everyone else, however those who are behind the wheel of a motor vehicle have a higher obligation to others in their area of activity. This includes not causing motor vehicle accidents.

In courtrooms the quality of care is determined by comparing an individual's behavior with what a typical person would do in similar conditions. This is why expert witnesses are frequently required in cases of medical malpractice. Experts who have a greater understanding of the field could be held to a greater standard of care.

When a person breaches their duty of care, they could cause injury to the victim or their property. The victim has to show that the defendant's infringement of their duty led to the damage and injury they have suffered. Causation is an important part of any negligence claim. It involves proving the primary and motor vehicle accidents secondary causes of the injuries and damages.

For example, if someone runs a red stop sign then it's likely that they will be hit by a car. If their vehicle is damaged, they will have to pay for the repairs. The reason for a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proved to obtain compensation in a personal injury lawsuit. A breach of duty occurs when the at-fault party's actions fall short of what an average person would do in similar circumstances.

A doctor, for example has a variety of professional duties towards his patients that are derived from laws of the state and licensing bodies. Motorists owe a duty of care to other drivers and pedestrians on the road to drive safely and obey traffic laws. If a driver violates this obligation and creates an accident is accountable for the injuries suffered by the victim.

A lawyer can use "reasonable individuals" standard to demonstrate that there is a duty of caution and then show that defendant did not meet this standard in his conduct. It is a question of fact for the jury to decide if the defendant complied with the standard or not.

The plaintiff must also establish that the breach of duty of the defendant was the proximate cause of the injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant might have walked through a red light, but that's not the cause of your bicycle accident. This is why causation is often contested by defendants in crash cases.

Causation

In motor vehicle cases the plaintiff must prove that there is a causal connection between the breach by the defendant and motor vehicle accidents their injuries. If a plaintiff suffers neck injuries in an accident that involved rear-end collisions and his or her attorney will argue that the crash caused the injury. Other elements that are required for the collision to occur, such as being in a stationary vehicle are not culpable and do not affect the jury's decision of the liability.

It may be harder to establish a causal link between an act of negligence and the plaintiff's psychological problems. The fact that the plaintiff had troubles in his or her childhood, had a difficult relationship with their parents, experimented with drugs and alcohol or experienced previous unemployment may have some bearing on the severity of the psychological issues he or she suffers after an accident, however, the courts typically look at these factors as part of the circumstances that caused the accident in which the plaintiff resulted rather than an independent cause of the injuries.

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

Damages

In motor vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first type of damages covers the costs of monetary value that can easily be summed up and calculated as the total amount, which includes medical treatments and lost wages, repairs to property, or even a future financial losses, such as loss of earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment are not able to be reduced to cash. However these damages must be established to exist through extensive evidence, such as deposition testimony from the plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of total damages to be split between them. This requires the jury to determine how much responsibility each defendant incurred in the accident, and then divide the total damages awarded by that percentage of fault. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these vehicles and trucks. The resulting analysis of whether the presumption of permissive usage applies is complicated and usually only a convincing evidence that the owner was explicitly refused permission to operate the car will overcome it.