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Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant will then be given the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds you to be responsible for an accident and you are found to be at fault, your damages will be reduced based on your percentage of fault. This rule is not applicable to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence suit the plaintiff must show that the defendant was obligated to exercise reasonable care. The majority of people owe this obligation to everyone else, however those who sit behind the driving wheel of a motorized vehicle are obligated to the people in their area of activity. This includes not causing accidents in motor vehicles.

Courtrooms examine an individual's conduct with what a normal person would do in similar circumstances to determine what constitutes reasonable standards of care. Expert witnesses are frequently required in cases of medical malpractice. Experts with a superior understanding of the field could be held to a greater standard of treatment.

If a person violates their duty of care, it could cause harm to the victim and/or their property. The victim then has to show that the defendant violated their duty of care and caused the injury or damage they sustained. Proving causation is a critical part of any negligence case and involves considering both the actual basis of the injury or damages and the proximate reason for the injury or damage.

For instance, if a driver has a red light, it's likely that they'll be struck by a car. If their vehicle is damaged, they'll have to pay for the repairs. The reason for a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that must be proved to obtain compensation in a personal injury case. A breach of duty occurs when the actions of a party who is at fault aren't in line with what an average person would do in similar circumstances.

A doctor, for instance is a professional with a range of professional obligations towards his patients. These professional obligations stem from the law of the state and licensing bodies. Drivers are required to protect other motorists as well as 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 people" standard to establish that there is a duty to be cautious and then show that defendant did not comply with this standard in his conduct. The jury will decide if the defendant met or did not meet the standards.

The plaintiff must also prove that the defendant's breach of duty was the proximate cause of the injuries. It can be more difficult to prove this than a breach of duty. For example an individual defendant could have been a motorist who ran a red light, however, the act was not the sole cause of the crash. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle accident attorney vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffers an injury to the neck in a rear-end collision the attorney for the plaintiff will argue that the incident was the reason for the injury. Other factors necessary to cause the collision, like being in a stationary car, are not culpable, and will not influence the jury’s determination of the degree of fault.

It can be difficult to establish a causal relationship between a negligent action and the psychological symptoms of the plaintiff. It may be the case that the plaintiff has a turbulent past, has a bad relationship with their parents, or has abused alcohol or drugs.

If you have been in an accident involving a motor vehicle that was serious it is crucial to consult an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have established relationships with independent physicians in a wide range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators.

Damages

The damages plaintiffs can claim in a Motor Vehicle Accident Attorneys vehicle case include both economic and non-economic damages. The first type of damages includes any monetary costs that can easily be added up and calculated as the sum of medical expenses and lost wages, property repair and even future financial losses, like diminished earning capacity.

New York law also recognizes the right to recover non-economic damages such as the suffering of others and the loss of enjoyment, which cannot be reduced to a dollar amount. The proof of these damages is with a large amount of evidence, such as depositions of family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages awarded should be split between them. The jury must determine the percentage of blame each defendant carries for the incident and then divide the total amount of damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of the vehicles. The resulting analysis of whether the presumption of permissiveness applies is complex and typically only a clear proof that the owner has explicitly denied permission to operate the car will be sufficient to overcome it.