Motor Vehicle Litigation

A lawsuit is required when liability is contested. The Defendant has the right to respond to the complaint.

New York follows pure comparative fault rules and, when a jury finds that you are responsible for causing an accident the damages awarded will be reduced by your percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant was bound by an obligation of care to them. This duty is owed by everyone, but those who operate vehicles owe an even higher duty to other drivers in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the standards of care are determined by comparing an individual's conduct with what a typical person would do in the same situations. In cases of medical malpractice expert witnesses are typically required. Experts who have a greater understanding of specific fields could be held to a higher standard of medical care.

A breach of a person's duty of care can cause injury to a victim or their property. The victim has to establish that the defendant's breach of their duty resulted in the harm and damages they sustained. Proving causation is a critical aspect of any negligence claim and requires taking into consideration both the real cause of the injury or damages as well as the proximate cause of the damage or injury.

If someone is driving through an intersection it is likely that they will be struck by a vehicle. If their vehicle is damaged, they'll be accountable for the repairs. The reason for an accident could be a brick cut which develops into an infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury case. A breach of duty is when the actions of the at-fault party do not match what a normal person would do under similar circumstances.

A doctor, for example, has a number of professional duties towards his patients, which stem from the law of the state and licensing bodies. Motorists have a duty of care to other drivers and pedestrians on the road to drive safely and obey traffic laws. Any driver who fails to adhere to this obligation and creates an accident is accountable for the injuries of the victim.

A lawyer can rely on the "reasonable individuals" standard to establish that there is a duty of care and then demonstrate that defendant did not adhere to this standard in his actions. It is a question of fact for the jury to decide whether the defendant complied with the standard or not.

The plaintiff must also demonstrate that the breach of duty by the defendant was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant could have driven through a red light, but that's not what caused the accident on your bicycle. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle accidents, the plaintiff must establish a causal link between breach of the defendant and the injuries. For instance, if the plaintiff suffered a neck injury from an accident that involved rear-ends and their lawyer will argue that the collision was the cause of the injury. Other elements that are required for the collision to occur, such as being in a stationary car, are not culpable, and do not affect the jury's decision of the liability.

For psychological injuries, however, the link between a negligent act and the victim's afflictions may be more difficult to establish. The fact that the plaintiff had an uneasy childhood, a bad relationship with his or her parents, experimented with alcohol and drugs or prior unemployment could have a influence on the severity the psychological issues he or suffers following an accident, however, the courts typically look at these factors as part of the circumstances from which the plaintiff's accident arose rather than an independent cause of the injuries.

It is essential to speak with an experienced attorney in the event that you've been involved in a serious Motor Vehicle Accident Lawsuits accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation and motor vehicle accident cases. Our lawyers have developed relationships with independent physicians in a wide range of specialties and expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle accident law firms vehicle litigation, a plaintiff can recover both economic and noneconomic damages. The first type of damages is all costs that can easily be added up and summed up into a total, for example, medical treatment or lost wages, repair to property, and even financial loss, such loss of earning capacity.

New York law also recognizes the right to seek non-economic damages, including the suffering of others and the loss of enjoyment, which cannot be reduced to a monetary amount. These damages must be proved by a wide array of evidence, including depositions of family members or friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases where there are multiple defendants, courts typically employ comparative fault rules to determine the amount of total damages to be divided between them. The jury must decide the proportion of fault each defendant carries for the incident and then divide the total damages awarded by that percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of those cars and trucks. The resulting analysis of whether the presumption of permissive usage applies is complex and usually only a clear showing that the owner specifically denied permission to operate the vehicle will overcome it.