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Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant is entitled to respond to the Complaint.

New York follows pure comparative fault rules and, if the jury finds you responsible for the accident the damages awarded to you will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant owed a duty of care towards them. Almost everybody owes this duty to everyone else, but those who take the wheel of a motor vehicle have an even higher duty to others in their area of activity. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms examine an individual's conduct with what a normal person would do under similar circumstances to determine a reasonable standard of care. In the case of medical malpractice, expert witnesses are usually required. Experts who have a greater understanding of particular fields may be held to a greater standard of medical care.

When a person breaches their duty of care, it can cause harm to the victim and/or their property. The victim must prove that the defendant breached their obligation and caused the damage or damages they suffered. Causation proof is a crucial part of any negligence case and requires taking into consideration both the real reason for the injury or damages as well as the proximate reason for the injury or damage.

For instance, if a driver is stopped at a red light then it's likely that they'll be hit by a vehicle. If their car is damaged, they'll be required to pay for repairs. The actual cause of a crash could be caused by a brick cut that causes an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved to obtain compensation in a personal injury suit. A breach of duty happens when the actions of the person at fault aren't in line with what reasonable people would do in similar circumstances.

A doctor, for instance, has several professional duties to his patients, arising from the law of the state and licensing boards. Motorists owe a duty of care to other motorists and pedestrians on the road to drive safely and obey traffic laws. If a motorist violates this duty of care and causes an accident, he is accountable for the victim's injuries.

A lawyer can use "reasonable people" standard to show that there is a duty of care and then show that the defendant did not comply with this standard in his actions. It is a matter of fact for the jury to decide if the defendant was in compliance with the standard or not.

The plaintiff must also demonstrate that the breach of duty by the defendant was the direct cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example, a defendant may have been a motorist who ran a red light, but it's likely that his or her actions was not the primary cause of your bike crash. This is why causation is frequently disputed by the defendants in case of a crash.

Causation

In motor Vehicle Accident lawsuits vehicle cases the plaintiff must prove a causal link between defendant's breach and their injuries. For example, if the plaintiff suffered a neck injury from an accident that involved rear-ends, his or her lawyer would claim that the collision caused the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle, are not culpable, and will not affect the jury's determination of the degree of fault.

For psychological injuries, however, the link between negligence and the victim's afflictions may be more difficult to establish. It could be that the plaintiff has a rocky past, a poor Motor Vehicle Accident Lawsuits relationship with their parents, or has abused drugs or alcohol.

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

Damages

The damages a plaintiff may recover in motor vehicle litigation include both economic and non-economic damages. The first category of damages covers any monetary costs that can be easily added to calculate the sum of medical treatment loss of wages, property repairs, and even future financial losses such as diminished earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of life, cannot be reduced to monetary value. These damages must be proved through extensive evidence such as depositions from family members and friends of the plaintiff medical records, as well as 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 that must 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 the fault. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of the vehicles. The subsequent analysis of whether the presumption of permissive use applies is not straightforward and typically only a clear showing that the owner was explicitly denied permission to operate the car will be sufficient to overcome it.