Motor Vehicle Litigation

A lawsuit is required when liability is in dispute. The Defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines that you were at fault for an accident the amount of damages you will be reduced based on your percentage of fault. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant was bound by an obligation of care to them. Most people owe this duty to everyone else, however those who are behind the driving wheel of a motorized vehicle have a higher obligation to the people in their area of operation. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms assess an individual's actions to what a typical individual would do under similar circumstances to establish what is reasonable standards of care. This is why expert witnesses are frequently required in cases involving medical negligence. People with superior knowledge in specific fields could be held to a higher standard of care.

If someone violates their duty of care, it may cause damage to the victim as well as their property. The victim is then required to demonstrate that the defendant's violation of their duty caused the damage and injury they suffered. The proof of causation is an essential aspect of any negligence case and requires taking into consideration both the real basis of the injury or damages, as well as the causal cause of the injury or damage.

If a driver is caught running an stop sign it is likely that they will be hit by another vehicle. If their car is damaged they'll be responsible for the repairs. But the reason for the crash could be a cut or bricks, which later turn into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. This must be proven for compensation in a personal injury case. A breach of duty occurs when the actions of the person who is at fault fall short of what a normal person would do under similar circumstances.

A doctor, for instance, has several professional duties to his patients, arising from the law of the state and licensing boards. Motorists are required to show care to other drivers and pedestrians to drive safely and obey traffic laws. Any driver who fails to adhere to this obligation and results in an accident is responsible for the injuries suffered by the victim.

A lawyer can rely on the "reasonable people" standard to prove that there is a duty of care and then demonstrate that defendant did not adhere to the standard in his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also prove that the defendant's breach of duty was the proximate cause of the injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant could have run through a red light but that's not the cause of your bicycle accident. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle accident law firms, Read the Full Article, vehicle-related cases, the plaintiff must prove that there is a causal connection between the breach of the defendant and the injuries. If a plaintiff suffered neck injuries as a result of an accident with rear-end damage, his or her attorney would argue that the collision caused the injury. Other factors that are needed to cause the collision, such as being in a stationary vehicle are not culpable, and do not affect the jury's decision of the liability.

It could be more difficult to establish a causal link between a negligent act, and the psychological symptoms of the plaintiff. It may be because the plaintiff has had a difficult past, has a difficult relationship with their parents, or is a user of alcohol or drugs.

If you have been in an accident involving a motor vehicle that was serious it is crucial to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents commercial and business litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent physicians in a variety of areas of expertise as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

In motor vehicle litigation, a person can be able to recover both economic and noneconomic damages. The first category of damages covers any monetary expenses that can be easily added up and calculated as a sum, such as medical treatment loss of wages, property repairs, and even future financial losses like a decrease in earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment of living, cannot be reduced to cash. These damages must be proved through extensive evidence such as depositions of family members and friends of the plaintiff, medical records, or other expert witness testimony.

In the event of multiple defendants, courts typically employ comparative fault rules to determine the amount of damages that should be divided between them. The jury must decide the proportion of fault each defendant is responsible for the accident, and divide the total amount of damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of the vehicles. The method of determining if the presumption of permissiveness is complex. The majority of the time it is only a clear evidence that the owner refused permission to the driver to operate the vehicle will overcome the presumption.