Motor Vehicle Litigation

When liability is contested then it is necessary to make a complaint. The defendant has the right to respond to the complaint.

New York has a pure comparative negligence rule. This means that, when a jury finds that you were at fault for an accident the amount of damages you will be reduced based on your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant had a duty of care towards them. The majority of people owe this obligation to everyone else, but those who take the steering wheel of a motor vehicle accident Law firm vehicle have an even higher duty to other people in their field of activity. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the standard of care is established by comparing an individual's actions with what a normal person would do in the same conditions. In the case of medical malpractice experts are typically required. Experts with more experience in a certain field may be held to a greater standard of care.

When someone breaches their duty of care, it may cause injury to the victim or their property. The victim has to establish that the defendant's breach of their duty caused the injury and damages that they have suffered. Causation is a crucial element of any negligence claim. It requires proof of both the actual and proximate causes of the damages and injuries.

If a person is stopped at an stop sign, they are likely to be struck by another vehicle. If their car is damaged, they'll need to pay for Motor Vehicle Accident Law Firm repairs. The real cause of a crash could be a brick cut which develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved to obtain compensation in a personal injury suit. A breach of duty occurs when the actions of the person at fault fall short of what a normal person would do under similar circumstances.

A doctor, for example is a professional with a range of professional obligations towards his patients. These professional obligations stem from laws of the state and licensing bodies. Motorists owe a duty of care to other drivers and pedestrians on the road to be safe and follow traffic laws. Drivers who violate this obligation and causes an accident is responsible for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of the duty of care and then demonstrate that the defendant did not satisfy the standard through his actions. The jury will decide if the defendant met or did not meet the standards.

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

Causation

In motor vehicle accident lawyers vehicle cases the plaintiff must prove a causal link between the breach by the defendant and their injuries. For example, if the plaintiff sustained a neck injury from an accident that involved rear-ends, his or her lawyer would argue that the collision caused the injury. Other factors that are needed in causing the collision such as being in a stationary vehicle are not culpable and will not affect the jury's determination of liability.

It could be more difficult to prove a causal link between a negligent act, and the psychological issues of the plaintiff. It may be the case that the plaintiff has a troubled past, a poor relationship with their parents, or is a user of drugs or alcohol.

It is crucial to consult an experienced attorney should you be involved in a serious motor vehicle accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation, and motor vehicle crash cases. Our lawyers have formed working relationships with independent physicians with a variety of specialties including expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

The damages that a plaintiff can recover in motor vehicle litigation can include both economic and non-economic damages. The first type of damages encompasses all costs that can easily be added up and calculated into a total, such as medical expenses or lost wages, repair to property, or even a future financial losses, such as diminished earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment of life, cannot be reduced to monetary value. The proof of these damages is through extensive evidence like depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts typically use the comparative fault rule to determine the amount of damages to be divided between them. The jury must decide the amount of fault each defendant carries for the accident, and divide the total amount of damages awarded by the same percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries sustained by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use applies is complicated, and typically only a clear evidence that the owner was explicitly denied permission to operate the car will be sufficient to overcome it.