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Motor Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The Defendant will then have the chance to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds that you are responsible for an accident the damages you incur will be reduced according to your percentage of blame. This rule is not applicable to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant had the duty of care towards them. This duty is owed to all people, however those who operate a vehicle owe an even greater obligation to other people in their field. This includes not causing accidents in motor vehicle accident lawsuits vehicles.

In courtrooms the standards of care are determined by comparing an individual's conduct against what a normal individual would do in similar situations. This is why expert witnesses are frequently required in cases involving medical malpractice. Experts who are knowledgeable of a specific area may also be held to an even higher standard of care than other people in similar situations.

A breach of a person's obligation of care can cause harm to a victim, or their property. The victim has to show that the defendant violated their duty of care and caused the injury or damages they suffered. Proving causation is a critical aspect of any negligence claim which involves considering both the actual basis of the injury or damages and the proximate cause of the damage or injury.

For instance, if a person has a red light and is stopped, they'll be struck by a car. If their car is damaged, they will need to pay for repairs. The reason for an accident could be a fracture in the brick that leads to an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. This must be proved in order to be awarded compensation in a personal injury case. A breach of duty occurs when the actions of a party who is at fault are not in line with what an average person would do in similar circumstances.

A doctor, for instance, has several professional duties to his patients, arising from the law of the state and licensing boards. Motorists have a duty of care to other motorists and pedestrians on the road to drive in a safe manner and adhere to traffic laws. When a driver breaches this duty of care and results in an accident, he is responsible for the injuries suffered by the victim.

A lawyer can rely on the "reasonable person" standard to establish the existence of the duty of care and then prove that the defendant did not comply with the standard in his actions. It is a question of fact that the jury has to decide whether the defendant met the standard or not.

The plaintiff must also demonstrate that the breach by the defendant was the main cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For instance, a defendant may have crossed a red line, motor vehicle accident lawsuits however, the act wasn't the main cause of your bike crash. This is why causation is frequently disputed by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must prove a causal link between the breach by the defendant and their injuries. If a plaintiff suffered neck injuries in an accident that involved rear-end collisions, his or her attorney would argue that the accident was the reason for the injury. Other factors necessary to cause the collision, such as being in a stationary car, are not culpable, and will not affect the jury's decision on the degree of fault.

It may be harder to establish a causal link between a negligent act and the plaintiff's psychological symptoms. The reality that the plaintiff experienced a an unhappy childhood, a poor relationship with their parents, used alcohol and drugs or prior unemployment could have a bearing on the severity of the psychological issues she suffers after a crash, but the courts generally view these factors as part of the context from which the plaintiff's accident occurred, rather than as an independent cause of the injuries.

It is imperative to consult an experienced attorney in the event that you've been involved in a serious car accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors in many specialties as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

The damages plaintiffs can claim in motor vehicle accident lawsuits vehicle litigation can include both economic and non-economic damages. The first type of damages includes all financial costs that can easily be added up and summed up into a total, for example, medical treatments and lost wages, repairs to property, and even financial loss, such a diminished 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. 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 where there are multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages awarded should be divided between them. The jury must decide the percentage of fault each defendant is responsible for the accident and then divide the total damages awarded by the same percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of those cars and trucks. The method of determining if the presumption is permissive or not is complicated. Typically it is only a clear evidence that the owner did not grant permission for the driver to operate the vehicle can overrule the presumption.