Motor Vehicle Litigation

When a claim for liability is litigated in court, it becomes necessary to file a lawsuit. The defendant has the right to respond to the complaint.

New York follows pure comparative fault rules which means that if the jury finds you to be the cause of the accident the amount of damages awarded will be reduced by the percentage of negligence. This rule does not apply to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant was bound by the duty of care toward them. This duty is owed to everyone, but those who operate a vehicle have an even greater obligation to other drivers in their field. This includes not causing motor vehicle accidents.

In courtrooms the quality of care is determined by comparing the actions of an individual with what a normal person would do in the same conditions. Expert witnesses are frequently required in cases of medical malpractice. People with superior knowledge in specific fields could be held to a higher standard of treatment.

A person's breach of their duty of care could cause harm to a victim, or their property. The victim must establish that the defendant's breach of their duty led to the injury and damages that they have suffered. Causation is an essential element of any negligence claim. It involves proving both the proximate and actual causes of the damages and injuries.

For example, if someone has a red light there is a good chance that they'll be hit by a vehicle. If their car is damaged they'll be accountable for the repairs. But the reason for the crash might be a cut from a brick that later develops into a dangerous infection.

Breach of Duty

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

For instance, a physician has several professional duties to his patients, arising from laws of the state and licensing boards. Motorists are required to show care to other motorists and pedestrians to be safe and follow traffic laws. A driver who breaches this obligation and causes an accident is accountable for the injuries of the victim.

Lawyers can use the "reasonable individuals" standard to establish that there is a duty of caution and then demonstrate that defendant did not adhere to this standard in his conduct. It is a matter of fact that the jury has to decide if the defendant complied with the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the primary cause for his or her injuries. It is more difficult to prove this than a breach of duty. For instance the defendant could have been a motorist who ran a red light, but the action was not the primary reason for your bicycle crash. In this way, causation is often challenged by the defendants in case of a crash.

Causation

In motor vehicle cases the plaintiff must prove a causal link between the breach of the defendant and their injuries. For instance, if the plaintiff suffered neck injuries as a result of an accident that involved rear-ends and their lawyer will argue that the accident caused the injury. Other elements that could have caused the collision, such as being in a stationary vehicle, are not culpable, and won't affect the jury's decision to determine fault.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It could be the case that the plaintiff has a turbulent past, has a bad relationship with their parents, or has used drugs or alcohol.

If you have been in a serious motor vehicle accident it is crucial to speak with an experienced attorney. The lawyers 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 physicians in a wide range of specialties and expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

The damages that a plaintiff may recover in motor vehicle accident law firm vehicle litigation include both economic and non-economic damages. The first category of damages is any monetary costs that can easily be added up and calculated as an amount, like medical treatment, lost wages, property repair and even future financial losses, such as diminished earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of life, cannot be reduced to cash. However the damages must be proved to exist through extensive evidence, including deposition testimony from plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the total damages awarded should be divided between them. The jury must decide the percentage of blame each defendant has for the accident, and divide the total amount of damages awarded by the percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of trucks or cars. The subsequent analysis of whether the presumption that permissive use applies is not straightforward and typically only a clear evidence that the owner specifically was not granted permission to operate the vehicle will overcome it.