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, when a jury finds that you are responsible for an accident the amount of damages you will be reduced according to your percentage of fault. There is an exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant owed them a duty to exercise reasonable care. The majority of people owe this obligation to everyone else, however those who sit behind the car are obligated to others in their area of activity. This includes ensuring that they do not cause Motor Vehicle accident attorneys vehicle accidents.

In courtrooms, the quality of care is determined by comparing the actions of an individual against what a normal individual would do under similar situations. Expert witnesses are frequently required in cases involving medical malpractice. Experts who have a superior understanding in a particular field can be held to the highest standards of care than other people in similar situations.

A breach of a person's duty of care could cause injury to a victim or their property. The victim is then required to prove that the defendant's breach of their duty caused the damage and injury they suffered. The proof of causation is an essential part of any negligence case, and it involves taking into consideration both the real reason for the injury or damages and the proximate reason for the injury or damage.

If a driver is caught running an intersection then they are more likely to be struck by a vehicle. If their vehicle is damaged, they'll have to pay for the repairs. However, the real cause of the accident could be a cut from a brick that later develops into a serious infection.

Breach of Duty

The second element of negligence is the breach of duty by an individual defendant. It must be proven for compensation for a personal injury claim. A breach of duty occurs when the actions of a party who is at fault fall short of what a reasonable person would do in similar circumstances.

For instance, a doctor, has a number of professional obligations towards his patients that are derived from the law of the state and licensing authorities. Motorists owe a duty of care to other motorists and pedestrians on the road to drive safely and observe traffic laws. If a motorist violates this duty of care and causes an accident, he is liable for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then show that the defendant did not meet the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also prove that the breach by the defendant was the direct cause of the plaintiff's injuries. This can be 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 what caused the crash on your bicycle. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle accidents, the plaintiff must establish an causal link between breach of the defendant and their injuries. For example, if the plaintiff suffered an injury to his neck in a rear-end collision, his or her lawyer could argue that the accident caused the injury. Other factors that are necessary for the collision to occur, such as being in a stationary car, are not culpable, and do not affect the jury's decision of liability.

For psychological injuries However, the connection between negligence and the injured plaintiff's symptoms could be more difficult to establish. It could be that the plaintiff has a turbulent past, a poor relationship with their parents, or has used drugs or alcohol.

If you've been involved in a serious motor vehicle accident, it is important to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accident cases, business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in a range of specialties and expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

In motor vehicle accident law firm vehicle litigation, a person can get both economic and non-economic damages. The first category of damages comprises any financial costs that are easily added to calculate an amount, like medical treatment and lost wages, property repair, and even future financial losses such as diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, and loss of enjoyment of living, cannot be reduced to money. These damages must be established with a large amount of evidence, such as depositions of family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages to be divided between them. The jury has to determine the amount of fault each defendant is responsible for the incident and then divide the total damages awarded by that percentage. New York law however, does not allow for this. 1602 excludes vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive usage applies is complicated and typically only a clear proof that the owner was explicitly denied permission to operate the car will be sufficient to overcome it.