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Motor Vehicle Litigation

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

New York has a pure comparative negligence rule. This means that, in the event that a jury determines you to be at fault for an accident the damages you incur will be reduced according to your percentage of fault. This rule is not applicable to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a negligence case the plaintiff must show that the defendant was obligated to exercise reasonable care. Almost everybody owes this duty to everyone else, however those who take the driving wheel of a motorized vehicle have a greater obligation to others in their area of operation. This includes not causing accidents in motor vehicles.

In courtrooms the quality of care is determined by comparing an individual's conduct with what a typical person would do in the same circumstances. This is why expert witnesses are often required in cases of medical malpractice. Experts with a superior understanding of 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 must establish that the defendant's breach of their duty resulted in the damage and injury they have suffered. Causation is a key element of any negligence claim. It requires proof of both the proximate and real causes of the injuries and damages.

For instance, if someone is stopped at a red light, it's likely that they'll be struck by a car. If their vehicle is damaged, they will be responsible for repairs. The reason for the crash might be a cut from bricks that later develop into a serious 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 obtain compensation in a personal injury case. A breach of duty occurs when the at-fault party's actions fall short of what an average person would do in similar circumstances.

For instance, a physician has several professional duties to his patients based on state law and licensing boards. Motorists have a duty of care to other drivers and pedestrians to drive safely and obey traffic laws. If a driver violates this obligation of care and causes an accident, he is liable for the victim's injuries.

A lawyer can rely on the "reasonable persons" standard to show that there is a duty of prudence and then show that the defendant did not meet this standard in his conduct. It is a question of fact for the jury to decide if the defendant was in compliance with the standard or not.

The plaintiff must also prove that the defendant's negligence was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. For example, a defendant may have been a motorist who ran a red light, but his or her action wasn't the proximate cause of your bicycle crash. In this way, causation is frequently disputed by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and his or her injuries. If a plaintiff suffered neck injuries in an accident with rear-end damage the attorney for the plaintiff will argue that the crash was the cause of the injury. Other factors that are necessary to produce the collision, such as being in a stationary vehicle are not culpable and will not affect the jury's decision of the liability.

For psychological injuries However, the connection between negligence and the injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff has a an uneasy childhood, a bad relationship with their parents, abused alcohol and drugs or prior unemployment could have a impact on the severity of the psychological problems he or suffers following a crash, but the courts typically look at these factors as part of the context that led to the accident from which the plaintiff's injury resulted rather than an independent reason for the injuries.

It is crucial to consult an experienced attorney if you have been involved in a serious Motor Vehicle Accident Lawyers accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident lawsuits vehicle accident cases, business and commercial litigation, and personal injury cases. Our lawyers have formed working relationships with independent physicians in different specialties, as well as expert witnesses in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a plaintiff could be able to recover both economic and noneconomic damages. The first type of damages includes the costs of monetary value that can be easily added together and calculated as an overall amount, including medical treatment, lost wages, repairs to property, and even the possibility of future financial loss, like loss of 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 dollar amount. The proof of these damages is through extensive evidence like depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.

In the event of multiple defendants, courts typically apply the rules of comparative fault to determine the amount of damages that should be divided between them. The jury will determine the percentage of blame each defendant carries for the accident, and divide the total amount of damages awarded by the percentage. New York law however, does not allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in cases where injuries are sustained by drivers of cars or trucks. The resulting analysis of whether the presumption that permissive use applies is complicated, and typically only a convincing evidence that the owner explicitly did not have permission to operate his vehicle will overcome it.