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Motor Vehicle Litigation

When a claim for liability is litigated then it is necessary to bring a lawsuit. The defendant will then have the opportunity to respond to the complaint.

New York follows pure comparative fault rules, which means that when a jury finds you to be at fault for causing the crash, your damages award 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 negligence case, the plaintiff has to prove that the defendant had a duty of care towards them. Most people owe this duty to everyone else, but individuals who get behind the driving wheel of a motorized vehicle are obligated to others in their area of operation. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms assess an individual's actions with what a normal person would do in the same circumstances to determine reasonable standards of care. This is why expert witnesses are often required when cases involve medical malpractice. Experts with a higher level of expertise in a particular field may be held to an higher standard of care than others in similar situations.

If a person violates their duty of care, it could cause harm to the victim and/or their property. The victim must show that the defendant violated their obligation and caused the damage or damages they suffered. Proving causation is a critical aspect of any negligence claim and requires investigating both the primary reason for the injury or damages and the proximate cause of the injury or damage.

If a person is stopped at an stop sign and fails to obey the stop sign, they could be struck by a vehicle. If their car is damaged they'll be responsible for the repairs. The reason for an accident could be a brick cut which develops into an infection.

Breach of Duty

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

For example, a doctor has several professional obligations to his patients based on laws 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. Drivers who violate this obligation and causes an accident is accountable for the injuries sustained by the victim.

Lawyers can use the "reasonable people" standard to prove that there is a duty of prudence and then prove that the defendant failed to meet this standard in his actions. It is a matter of fact for the jury to decide whether the defendant complied with the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. For instance it is possible that a defendant run a red light but the action wasn't the main reason for your bicycle crash. Because of this, causation is often contested by defendants in crash cases.

Causation

In motor vehicle accidents, the plaintiff must establish a causal link between breach of the defendant and the injuries. If the plaintiff sustained an injury to the neck in an accident with rear-end damage, his or her attorney will argue that the incident caused the injury. Other factors that are essential in causing the collision like being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's determination of the liability.

For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It may be because the plaintiff has a troubled past, motor vehicle accident Law firm has a bad relationship with their parents, or has abused alcohol or drugs.

It is important to consult an experienced lawyer should you be involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident law firm vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent doctors in different specialties as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

The damages plaintiffs can seek in motor vehicle accident lawsuits vehicle litigation can include both economic and non-economic damages. The first type of damages encompasses all financial costs that can easily be added up and summed up into an overall amount, including medical treatments and lost wages, repairs to property, and even financial loss, for instance a diminished earning capacity.

New York law also recognizes the right to seek non-economic damages like the suffering of others and the loss of enjoyment of life which cannot be reduced to a dollar amount. However, these damages must be proved to exist with the help of extensive evidence, such as deposition testimony of the plaintiff's close family members and friends medical records, other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages awarded should be split between them. This requires the jury to determine how much responsibility each defendant was at fault for the accident and to then divide the total damages awarded by the percentage of fault. New York law however, doesn't allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of the vehicles. The process to determine if the presumption is permissive is complex. The majority of the time it is only a clear evidence that the owner was not able to grant permission to the driver to operate the vehicle can be able to overcome the presumption.