Motor Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant has the option 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 based on your percentage of fault. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are rented or leased by minors.

Duty of Care

In a negligence lawsuit, the plaintiff must prove that the defendant was obligated to act with reasonable care. Almost everybody owes this duty to everyone else, but those who sit behind the wheel of a motor vehicle have a higher obligation to other people in their field of operation. This includes ensuring that they don't cause motor vehicle accidents.

In courtrooms, the standard of care is determined by comparing an individual's behavior against what a normal individual would do in similar situations. This is why expert witnesses are often required in cases involving medical negligence. Experts with more experience in the field could be held to a greater standard of treatment.

If someone violates their duty of care, it could cause damage to the victim as well as their property. The victim then has to prove that the defendant breached their duty and caused the injury or damage that they suffered. The proof of causation is an essential element in any negligence case which involves looking at both the actual basis of the injury or damages as well as the proximate cause of the injury or damage.

For instance, if a person runs a red stop sign then it's likely that they will be hit by a car. If their vehicle is damaged, they will be responsible for repairs. The cause of a crash could be a brick cut that causes an infection.

Breach of Duty

The second element of negligence is the breach of duty committed by a defendant. This must be proven in order to receive compensation in a personal injury case. A breach of duty happens when the at-fault party's actions do not match what an average person would do in similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients, arising from laws of the state and licensing boards. Drivers are obliged to take care of other drivers and pedestrians, and to adhere to traffic laws. Drivers who violate this obligation and creates an accident is accountable for the victim's injuries.

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

The plaintiff must also prove that the breach of duty by the defendant was the main cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant could have run through a red light but that's not the cause of the crash on your bicycle. Because of this, causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle-related cases, the plaintiff must prove a causal link between the defendant's breach and their injuries. For instance, if a plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends, his or her lawyer would argue that the collision was the cause of the injury. Other elements that could have caused the collision, like being in a stationary car is not culpable and will not impact the jury's determination of the degree of fault.

For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It could be the case that the plaintiff has a rocky past, has a difficult relationship with their parents, or is a user of alcohol or drugs.

If you have been in a serious motor vehicle accident lawyers vehicle accident it is essential to speak with an experienced attorney. The lawyers 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 developed working relationships with independent doctors in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first type of damages includes all monetary costs which can easily be added up and summed up into a total, for example, medical treatments, lost wages, repairs to property, or even a future financial loss, for instance a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, including pain and suffering and loss of enjoyment of life, which cannot be reduced to a monetary amount. However these damages must be proven to exist by a variety of evidence, including deposition testimony from the plaintiff's family members and close friends medical records, deposition testimony, and other expert witness testimony.

In the event of multiple defendants, courts will often use comparative fault rules to determine the amount of damages that should be divided between them. The jury will determine the percentage of blame each defendant has for the accident, and divide the total damages awarded by the percentage. However, New York law 1602 excludes vehicle owners from the rule of comparative negligence in the event of injuries suffered by drivers of trucks or cars. The subsequent analysis of whether the presumption that permissive use applies is complicated and usually only a clear proof that the owner has explicitly denied permission to operate the vehicle will overcome it.