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Motor Vehicle Litigation

If the liability is challenged, it becomes necessary to file a lawsuit. The Defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that should a jury find that you were at fault for an accident, your damages will be reduced according to your percentage of blame. There is one 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 lawsuit, the plaintiff must prove that the defendant owed them a duty to exercise reasonable care. This duty is due to everyone, but people who operate a vehicle have an even higher duty to other drivers in their field. This includes not causing accidents in motor vehicles.

Courtrooms compare an individual's actions to what a typical person would do under the same conditions to determine an acceptable standard of care. In the case of medical malpractice, expert witnesses are usually required. Experts with a superior understanding of specific fields could be held to a greater standard of care.

A person's breach of their duty of care can cause injury to a victim or their property. The victim is then required to prove that the defendant acted in breach of their duty of care and caused the injury or damages they sustained. Causation is a key element of any negligence claim. It involves proving both the actual and proximate causes of the injuries and damages.

For instance, if a person runs a red light, it's likely that they will be hit by another car. If their car is damaged they will be responsible for the repairs. However, the real cause of the accident could be a cut or a brick that later develops into a serious infection.

Breach of Duty

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

For example, a doctor is required to perform a number of professional duties for his patients based on laws of the state and licensing boards. Drivers have a duty to take care of other drivers and pedestrians, as well as to follow traffic laws. Drivers who violate this duty and results in an accident is responsible for the injuries suffered by the victim.

A lawyer may use the "reasonable individuals" standard to demonstrate that there is a duty of prudence and then prove that the defendant failed to meet this standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also prove that the defendant's negligence was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant may have run through a red light but that wasn't what caused the accident on your bicycle. Because of this, causation is often challenged by defendants in crash cases.

Causation

In motor vehicle cases, Motor vehicle accident attorneys the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. For instance, if the plaintiff sustained an injury to his neck in an accident that involved rear-ends and their lawyer would argue that the collision was the cause of the injury. Other elements that are required to cause the collision, like being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's decision of the liability.

For psychological injuries However, the connection between a negligent act and the victim's afflictions may be more difficult to establish. It could be that the plaintiff has a turbulent past, has a bad relationship with their parents, or has abused drugs or alcohol.

It is important to consult an experienced attorney in the event that you've been involved in a serious motor vehicle accident accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accidents commercial and business litigation, as well as personal injury cases. Our lawyers have built working relationships with independent physicians in many areas of expertise as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

The damages that plaintiffs can seek in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages covers the costs of monetary value that can be easily added together and summed up into the total amount, which includes medical treatment as well as lost wages, repairs to property, and even future financial loss, like a diminished earning capacity.

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

In the event of multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of damages to be divided between them. This requires the jury to determine the degree of fault each defendant had for the accident, and then divide the total damages awarded by that percentage of the fault. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these vehicles and trucks. The resulting analysis of whether the presumption of permissive usage applies is complex and typically only a clear proof that the owner was explicitly was not granted permission to operate the vehicle will be able to overcome it.