Motor Vehicle Litigation

A lawsuit is required when liability is contested. The defendant then has the opportunity to respond to the complaint.

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

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant owed the duty of care toward them. Most people owe this duty to everyone else, however those who are behind the wheel of a motor vehicle accident attorneys vehicle have a greater obligation to the other drivers in their zone of operation. This includes ensuring that they do not cause motor vehicle accident attorneys vehicle accidents.

Courtrooms compare an individual's actions with what a normal person would do in the same circumstances to determine what constitutes an acceptable standard of care. In cases of medical malpractice experts are often required. Experts with a higher level of expertise in a particular field may also be held to a higher standard of care than others in similar situations.

If someone violates their duty of care, it may cause injury to the victim or their property. The victim is then required to prove that the defendant's breach of their duty led to the harm and damages they sustained. Proving causation is a critical part of any negligence case and requires looking at both the actual reason for the injury or damages as well as the proximate reason for the damage or injury.

If a driver is caught running an stop sign, they are likely to be struck by another vehicle. If their vehicle is damaged, they will be responsible for repairs. The reason for the accident could be a cut on bricks that later develop into a dangerous infection.

Breach of Duty

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

A doctor, for instance is a professional with a range of professional duties towards his patients that are derived from the law of the state and licensing bodies. Motorists owe a duty care to other motorists and pedestrians to drive safely and observe traffic laws. If a motorist violates this duty of care and results in an accident, the driver is accountable for the injuries sustained by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of the duty of care, and then demonstrate that the defendant failed to comply with the standard in his actions. The jury will decide if the defendant met or did not meet the standards.

The plaintiff must also establish that the defendant's breach of duty was the proximate cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant may have run through a red light, however, that's not the reason for your bicycle accident. For this reason, causation is often challenged by the defendants in cases of crash.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. If the plaintiff sustained a neck injury in an accident with rear-end damage the attorney for the plaintiff will argue that the incident caused the injury. Other factors necessary to cause the collision, such as being in a stationary car, are not culpable, and will not impact the jury's decision on the fault.

It may be harder to establish a causal link between a negligent act and the psychological issues of the plaintiff. The fact that the plaintiff suffered from a an uneasy childhood, a bad relationship with their parents, used alcohol and drugs or previous unemployment may have some influence on the severity the psychological problems he or she suffers after an accident, but courts generally view these factors as part of the circumstances from which the plaintiff's accident was triggered, not as a separate reason for the injuries.

If you have been in a serious motor vehicle accident it is essential to consult an experienced attorney. 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 cases. Our lawyers have established working relationships with independent doctors in a variety of specialties, as well as experts in computer simulations and reconstruction of accidents.

Damages

In motor vehicle litigation, a person can seek both economic and noneconomic damages. The first type of damages covers any monetary costs that are easily added to calculate an amount, like medical treatment, lost wages, property repairs, and even future financial losses like a diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment of living are not able to be reduced to cash. However the damages must be established to exist by a variety of evidence, including deposition testimony of the plaintiff's close friends and family members medical records, deposition testimony, and 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 decide the percentage of blame each defendant is responsible for the accident and then divide the total damages awarded by the same percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these trucks and cars. The subsequent analysis of whether the presumption of permissiveness applies is complicated and usually only a clear proof that the owner was explicitly denied permission to operate the vehicle will overcome it.