Motor Vehicle Litigation

When liability is contested then it is necessary to bring a lawsuit. 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 that you were at fault for an accident, your damages will be reduced based on your percentage of blame. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are that are rented or leased to minors.

Duty of Care

In a negligence case the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. The majority of people owe this obligation to everyone else, but individuals who get behind the car have a higher obligation to the other drivers in their zone of activity. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms examine an individual's conduct to what a typical person would do in similar conditions to determine reasonable standards of care. In the event of medical malpractice experts are often required. Experts with a superior understanding of particular fields may be held to a greater standard of treatment.

When a person breaches their duty of care, it can cause damage to the victim as well as their property. The victim has to prove that the defendant acted in breach of their duty and caused the harm or damage that they suffered. The proof of causation is an essential aspect of any negligence case and requires looking at both the actual reason for the injury or damages as well as the reason for the injury or damage.

For instance, if a driver runs a red stop sign there is a good chance that they will be hit by a car. If their car is damaged, they will have to pay for the repairs. The cause of the crash could be a brick cut that develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved in order to secure compensation in a personal injury suit. A breach of duty is when the actions taken by the person at fault do not match what an ordinary person would do in similar circumstances.

For instance, a physician has a variety of professional obligations to his patients, arising from state law and licensing boards. Drivers have a duty to protect other motorists and pedestrians, and motor vehicle accidents respect traffic laws. If a driver violates this duty of care and results in an accident, he is responsible for the injuries sustained by the victim.

A lawyer can use the "reasonable person" standard to establish the existence of the duty of care and then show that the defendant did not meet that standard in his actions. It is a matter of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the primary cause of his or her injuries. It can be more difficult to prove this than a breach of duty. A defendant may have run through a red light but that's not the cause of your bicycle accident. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle-related cases, the plaintiff must establish an causal link between defendant's breach and their injuries. If the plaintiff sustained a neck injury in a rear-end accident then his or her attorney will argue that the crash was the cause of the injury. Other factors that contributed to the collision, like being in a stationary car are not considered to be culpable and will not influence the jury’s determination of the fault.

It is possible to establish a causal link between a negligent act and the psychological issues of the plaintiff. It may be the case that the plaintiff has a rocky past, has a difficult relationship with their parents, or has been a user of alcohol or drugs.

It is important to consult an experienced attorney if you have been involved in a serious motor accident. The attorneys 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 formed working relationships with independent physicians in many specialties, as well expert witnesses in computer simulations and reconstruction of accident.

Damages

In motor vehicle accident lawyers vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first type of damages is all financial costs that can easily be added up and calculated as the total amount, which includes medical treatment and lost wages, repairs to property, and even future financial loss, like the loss of earning capacity.

New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment of life are not able to be reduced to money. These damages must be proved through extensive evidence like depositions of family members or friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine how much of the damages awarded should be divided between them. This requires the jury to determine the degree of fault each defendant was responsible for the incident and then divide the total damages awarded by that percentage of fault. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in cases where injuries are suffered by drivers of trucks or cars. The analysis to determine whether the presumption of permissiveness is complex. Typically it is only a clear evidence that the owner did not grant permission to the driver to operate the vehicle will overcome the presumption.