motor vehicle accident attorney Vehicle Litigation

If liability is contested, it becomes 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 if a jury finds you to be at fault for an accident the damages you incur will be reduced based on your percentage of fault. This rule does not apply to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a lawsuit for negligence, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. Almost everybody owes this duty to everyone else, but individuals who get behind the steering wheel of a motor vehicle have a higher obligation to other people in their field of operation. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms examine an individual's conduct to what a typical individual would do in the same circumstances to determine what constitutes reasonable standards of care. In the event of medical malpractice experts are often required. People with superior knowledge in the field could be held to a greater standard of treatment.

When someone breaches their duty of care, it could cause injury to the victim or their property. The victim then has to prove that the defendant acted in breach of their obligation and caused the damage or damages they sustained. Proving causation is a critical element in any negligence case and requires taking into consideration both the real cause of the injury or damages as well as the cause of the damage or injury.

For instance, if a driver has a red light there is a good chance that they'll be struck by a car. If their car is damaged they'll be responsible for the repairs. But the reason for the accident could be a cut from the brick, which then develops into a dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second factor of negligence that must be proved in order to secure compensation in a personal injury case. A breach of duty occurs when the at-fault party's actions do not match what reasonable people would do in similar circumstances.

For instance, a physician has a variety of professional obligations to his patients, arising from laws of the state and licensing boards. Drivers are obliged to protect other motorists and pedestrians, and to adhere to traffic laws. If a driver violates this obligation and creates an accident is accountable for the injuries of the victim.

A lawyer can use "reasonable individuals" standard to prove that there is a duty of caution and then show that the defendant did not meet this standard in his actions. It is a question of fact for the jury to decide whether the defendant fulfilled the standard or not.

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 could have driven through a red light, but that's not the cause of the crash on your bicycle. In this way, the causation issue is often contested by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffers neck injuries as a result of a rear-end collision then his or her attorney will argue that the crash caused the injury. Other factors that are essential in causing the collision like being in a stationary vehicle are not culpable and do not affect the jury's determination of the liability.

For psychological injuries, however, the link between an act of negligence and an affected plaintiff's symptoms can be more difficult to establish. It could be the case that the plaintiff has a rocky past, has a difficult relationship with their parents, or has used alcohol or drugs.

If you've been involved in a serious motor vehicle crash it is crucial to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents as well as business and commercial litigation, and personal injury cases. Our lawyers have developed relationships with independent physicians across a variety of specialties, expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle litigation, a person can get both economic and non-economic damages. The first type of damages is all costs that are easily added together and then calculated into the total amount, which includes medical expenses, lost wages, repairs to property, and even the possibility of future financial loss, for instance loss of earning capacity.

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

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine the proportion of damages awarded should be divided between them. The jury must decide the amount of fault each defendant is accountable for the incident, and divide the total amount of damages awarded by the same percentage. New York law however, doesn't allow this. 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of cars or trucks. The subsequent analysis of whether the presumption that permissive use is applicable is a bit nebulous and typically only a convincing evidence that the owner specifically refused permission to operate the vehicle will be able to overcome it.