motor vehicle accident law firm Vehicle Litigation

If liability is contested then it is necessary to file a lawsuit. The defendant will then be given the chance to respond to the complaint.

New York follows pure comparative fault rules, which means that in the event that a jury finds you to be the cause of a crash the amount of damages awarded will be reduced by your percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are rented or leased by minors.

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant owed a duty of care towards them. This duty is due to all people, however those who drive a vehicle owe an even higher duty to other people in their field. This includes not causing motor vehicle accidents.

Courtrooms assess an individual's actions with what a normal person would do under the same circumstances to determine what constitutes an acceptable standard of care. Expert witnesses are often required in cases of medical malpractice. Experts who are knowledgeable of a specific area may also be held to the highest standards of care than others in similar situations.

If someone violates their duty of care, it can cause injury to the victim or their property. The victim has to establish that the defendant's breach of duty caused the injury and damages that they sustained. Causation is a crucial element of any negligence claim. It requires proof of both the primary and secondary causes of the damage and injury.

If a person is stopped at an stop sign it is likely that they will be struck by another vehicle. If their car is damaged they will be responsible for repairs. The real cause of an accident could be a brick cut that develops into an infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that must be proved to obtain compensation in a personal injury claim. A breach of duty is when the actions taken by the person at fault are insufficient to what an ordinary person would do under similar circumstances.

For example, a doctor has several professional duties to his patients stemming from state law and licensing boards. Drivers are bound to protect other motorists and pedestrians, and adhere to traffic laws. Any driver who fails to adhere to this obligation and causes an accident is accountable for the victim's injuries.

Lawyers can use the "reasonable people" standard to establish that there is a duty of prudence and then show that the defendant did not adhere to this standard with his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also prove that the defendant's breach of duty was the primary cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For instance it is possible that a defendant crossed a red line, but the action wasn't the proximate cause of your bicycle crash. The issue of causation is often challenged in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff must establish that there is a causal connection between the breach of the defendant and their injuries. If a plaintiff suffered an injury to the neck in an accident with rear-end damage the attorney for the plaintiff will argue that the incident was the cause of the injury. Other factors that are essential to cause the collision, such as being in a stationary vehicle are not culpable and will not affect the jury's determination of liability.

It may be harder to establish a causal link between a negligent act and the plaintiff's psychological problems. It may be because the plaintiff has a rocky background, a strained relationship with their parents, or is a user of alcohol or drugs.

If you have been in an accident that is serious to your vehicle it is crucial to consult with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, as well as motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in a variety of areas of expertise as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

In motor vehicle litigation, a person can get both economic and non-economic damages. The first type of damages covers all monetary costs which can be easily added together and calculated into a total, for example, medical treatments and lost wages, repairs to property, and even financial loss, like the loss of earning capacity.

New York law also recognizes the right to seek non-economic damages, including pain and suffering as well as loss of enjoyment, which cannot be reduced to a monetary amount. However the damages must be proved to exist by a variety of evidence, such as deposition testimony of the plaintiff's family members and close friends medical records, other expert witness testimony.

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages award should be allocated between them. The jury must determine the degree of fault each defendant had for the accident, and then divide the total damages award by that percentage of blame. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries sustained by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use applies is complex and usually only a clear evidence that the owner specifically was not granted permission to operate the vehicle will be able to overcome it.