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Motor Vehicle Litigation

When a claim for liability is litigated, it becomes necessary to start a lawsuit. The defendant is entitled to respond to the complaint.

New York follows pure comparative fault rules, which means that should a jury find you to be the cause of the accident, your damages award will be reduced by your percentage of negligence. This rule is not applicable to the owners of vehicles that are that are rented or leased out to minors.

Duty of Care

In a negligence lawsuit the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. This duty is owed to everyone, but people who drive a vehicle owe an even greater obligation to others in their field. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms evaluate an individual's behavior to what a typical person would do in the same circumstances to determine a reasonable standard of care. In the case of medical malpractice experts are typically required. Experts who have a superior Motor Vehicle Accident understanding of a specific area may be held to the highest standards of care than others in similar situations.

When a person breaches their duty of care, it can cause harm to the victim and/or their property. The victim has to establish that the defendant's breach of duty caused the damage and injury they have suffered. Causation is an essential element of any negligence claim. It involves proving the proximate and actual causes of the damage and injury.

For instance, if a driver has a red light there is a good chance that they will be hit by another car. If their vehicle is damaged, they'll be responsible for the repairs. However, the real cause of the accident could be a cut in the brick, which then develops into a dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. This must be proved in order to receive compensation for a personal injury claim. A breach of duty is when the actions taken by the at-fault party fall short of what an ordinary person would do under similar circumstances.

For instance, a doctor is required to perform a number of professional duties for his patients, arising from laws of the state and licensing boards. Motorists are required to show care to other motorists and pedestrians on the road to drive safely and observe traffic laws. Any driver who fails to adhere to this duty and causes an accident is accountable for the injuries suffered by the victim.

A lawyer may use 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. The jury will determine if the defendant met or did not meet the standard.

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 or breach. For instance it is possible that a defendant been a motorist who ran a red light, but it's likely that his or her actions was not the sole cause of the crash. Because of this, the causation issue is often contested by the defendants in cases of crash.

Causation

In motor vehicle accident lawyers vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. If a plaintiff suffered neck injuries as a result of a rear-end accident, his or her attorney will argue that the incident was the cause of the injury. Other factors necessary to cause the collision, such as being in a stationary car are not culpable and will not impact the jury's determination of the degree of fault.

It could be more difficult to establish a causal link between an act of negligence and the psychological symptoms of the plaintiff. It could be that the plaintiff has a turbulent past, has a bad relationship with their parents, or is a user of drugs or alcohol.

If you've been involved in a serious motor vehicle accident it is essential to speak with a seasoned attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation and motor vehicle accident law firms vehicle accident cases. Our lawyers have established working relationships with independent doctors in a variety of specialties, as well expert witnesses in computer simulations and accident reconstruction.

Damages

The damages plaintiffs can seek in motor vehicle litigation can include both economic and non-economic damages. The first type of damages covers any monetary expenses that can be easily added up and calculated as the sum of medical expenses loss of wages, property repairs, and even future financial losses, such as diminished earning capacity.

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

In cases where there are multiple defendants, courts typically use the comparative fault rule to determine the amount of total damages that should be divided between them. The jury must decide the proportion of fault each defendant is responsible for the accident, and divide the total amount of damages awarded by that percentage. New York law however, doesn't allow this. 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are sustained by the drivers of trucks or cars. The resulting analysis of whether the presumption of permissiveness applies is complicated, and typically only a clear evidence that the owner explicitly refused permission to operate the vehicle will be able to overcome it.