Motor Vehicle Litigation

If liability is contested, it becomes necessary to file a lawsuit. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules, Vimeo which means that in the event that a jury finds you responsible for an accident, your damages award will be reduced by your percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant had the duty of care toward them. Nearly everyone owes this obligation to everyone else, however those who are behind the steering wheel of a motor vehicle have a higher obligation to others in their area of operation. This includes not causing accidents in motor vehicles.

Courtrooms evaluate an individual's behavior with what a normal person would do in the same circumstances to establish what is an acceptable standard of care. In the event of medical negligence experts are often required. People who have superior knowledge in a particular field may also be held to an higher standard of care than other people in similar situations.

When a person breaches their duty of care, it may cause harm to the victim and/or their property. The victim is then required to prove that the defendant acted in breach of their duty and caused the harm or damages they sustained. Causation is a crucial element of any negligence claim. It involves proving both the proximate and actual causes of the injuries and damages.

If a person is stopped at a stop sign and fails to obey the stop sign, they could be hit by another vehicle. If their vehicle is damaged, they'll be accountable for repairs. But the reason for the crash could be a cut or bricks, which later turn into a serious infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proved in order to secure compensation in a personal injury claim. A breach of duty occurs when the at-fault party's actions do not match what reasonable people would do in similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients that are governed by laws of the state and licensing boards. Drivers are required to be considerate of other drivers as well as pedestrians, and to obey traffic laws. A driver who breaches this duty and causes an accident is responsible for the injuries sustained by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of a duty of care and then demonstrate that the defendant failed to meet the standard in his actions. It is a question of fact that the jury has to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the primary cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example the defendant could have run a red light but the action wasn't the proximate cause of your bicycle crash. The issue of causation is often challenged in a crash case by defendants.

Causation

In pittsburg motor vehicle accident lawsuit vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. For example, if the plaintiff suffered an injury to the neck as a result of a rear-end collision the lawyer could claim that the collision caused the injury. Other factors that are necessary to produce the collision, like being in a stationary vehicle are not culpable, and do not affect the jury's decision of liability.

It can be difficult to prove a causal link between an act of negligence and the plaintiff's psychological problems. It could be that the plaintiff has a troubled past, a poor relationship with their parents, or has been a user of drugs or alcohol.

If you have been in an accident involving a motor vehicle that was serious It is imperative to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have established working relationships with independent doctors in a range of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages plaintiffs can seek in a motor vehicle case include both economic and non-economic damages. The first category of damages is all monetary costs which can easily be added up and then calculated into a total, for example, medical expenses and lost wages, repairs to property, and even future financial loss, for instance diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, including the suffering of others and the loss of enjoyment of life, which cannot be reduced to a dollar amount. These damages must be proved through extensive evidence such as depositions from family members and friends of the plaintiff, medical records, or other expert witness testimony.

In the event of multiple defendants, courts will often use comparative fault rules to determine the amount of total damages that should be divided between them. The jury must determine how much fault each defendant incurred in the accident and to then divide the total damages award by the percentage of blame. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of those cars and trucks. The subsequent analysis of whether the presumption of permissive usage is applicable is a bit nebulous, and typically only a clear showing that the owner specifically denied permission to operate the car will overcome it.