Motor Vehicle Litigation

If liability is contested, it becomes necessary to make a complaint. The defendant will then be given the chance to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you to be at fault for causing a crash the damages awarded will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant was bound by a duty of care towards them. Almost everybody owes this duty to everyone else, but individuals who get behind the wheel of a motor vehicle are obligated to other people in their field of operation. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms compare an individual's actions to what a typical individual would do in the same circumstances to establish what is an acceptable standard of care. In cases of medical malpractice, expert witnesses are usually required. Experts who have a superior understanding in a specific field could be held to a higher standard of care than others in similar situations.

A breach of a person's duty of care may cause harm to the victim or their property. The victim has to demonstrate that the defendant's violation of their duty led to the damage and injury they suffered. The proof of causation is an essential aspect of any negligence claim and requires investigating both the primary cause of the injury or damages as well as the reason for the damage or injury.

If someone is driving through a stop sign, they are likely to be struck by another vehicle. If their car is damaged, they will be responsible for the repairs. The reason for the crash might be a cut on the brick, which then develops into a deadly infection.

Breach of Duty

The second element of negligence is the breach of duty committed by a defendant. This must be proven for compensation for personal injury claims. A breach of duty occurs when the actions of the person at fault are not in line with what an average person would do in similar circumstances.

For lawyers 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. Drivers who violate this duty and causes an accident is accountable for the victim's injuries.

Lawyers can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then prove that the defendant did not meet the standard in his actions. It is a matter of fact that the jury has to decide if the defendant met the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the primary cause for the injuries. It can be more difficult to prove this than a breach of duty. A defendant might have walked through a red light, however, that's not the reason for the bicycle accident. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle accident lawyers vehicle-related cases, the plaintiff must establish a causal link between the breach by the defendant and their injuries. If the plaintiff sustained a neck injury in an accident that involved rear-end collisions then his or her attorney would argue that the collision was the reason for the injury. Other factors that are necessary in causing the collision such as being in a stationary vehicle are not culpable, and do not affect the jury's decision of the liability.

It may be harder to establish a causal link between an act of negligence and the psychological issues of the plaintiff. It could be the case that the plaintiff has a troubled background, a strained relationship with their parents, or has abused alcohol or drugs.

If you have been in a serious motor vehicle accident It is imperative to consult with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have established working relationships with independent doctors with a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages that a plaintiff may recover in motor vehicle litigation can include both economic and non-economic damages. The first type of damages covers any monetary costs that can easily be added to calculate a sum, such as medical expenses and lost wages, property repair and even future financial losses such as diminished earning capacity.

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

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine the percentage of damages award should be allocated 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, 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 resulting analysis of whether the presumption of permissiveness applies is complex, and typically only a clear evidence that the owner specifically was not granted permission to operate the car will be sufficient to overcome it.