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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 follows pure comparative fault rules which means that when a jury finds you to be at fault for causing the accident the damages awarded will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles that are leased or rented to minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant owed the duty of care towards them. Nearly everyone owes this obligation to everyone else, but those who are behind the driving wheel of a motorized vehicle have a greater obligation to other people in their field of operation. This includes not causing accidents in motor vehicles.

In courtrooms, the standard of care is determined by comparing the actions of an individual with what a normal person would do in the same situations. In the case of medical malpractice experts are typically required. Experts who have a greater understanding of specific fields could be held to a greater standard of medical care.

A person's breach of their duty of care can cause injury to a victim or their property. The victim must demonstrate that the defendant did not fulfill their duty and caused the harm or damage that they suffered. Causation proof is a crucial aspect of any negligence case which involves investigating both the primary causes of the injury damages, as well as the causal reason for the damage or injury.

For instance, if a person has a red light then it's likely that they'll be struck by another car. If their vehicle is damaged, they'll be responsible for repairs. The cause of an accident could be a brick cut that develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. This must be proved in order to obtain compensation in a personal injury case. A breach of duty occurs when the actions of the person who is at fault fall short of what a normal person would do in similar circumstances.

A doctor, for example has a variety of professional obligations to his patients, which stem from the law of the state and licensing authorities. Drivers are required to care for other drivers and pedestrians, as well as to adhere to traffic laws. If a driver violates this obligation and results in an accident is responsible for the injuries sustained by the victim.

Lawyers can use the "reasonable individuals" standard to show that there is a duty to be cautious and then show that defendant did not meet the standard in his actions. It is a question of fact that the jury has to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also prove that the defendant's negligence was the primary cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant could have run through a red light, but that's not the cause of the accident on your bicycle. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and the injuries. If the plaintiff suffered an injury to the neck in a rear-end accident then his or her attorney would argue that the collision was the cause of 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 to determine fault.

For psychological injuries, however, the link between a negligent act and an injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff suffered from a an uneasy childhood, a bad relationship with their parents, abused drugs and alcohol or experienced prior unemployment could have a influence on the severity of the psychological issues he or suffers following an accident, however, the courts typically consider these factors as an element of the background conditions from which the plaintiff's accident resulted rather than an independent reason for the injuries.

It is imperative to consult an experienced attorney when you've been involved in a serious accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, as well as motor vehicle accident lawsuits vehicle accident cases. Our lawyers have built working relationships with independent doctors in many specialties as well as experts in computer simulations and reconstruction of accidents.

Damages

In motor vehicle Accident attorney vehicle litigation, a plaintiff could recover both economic and noneconomic damages. The first type of damages comprises any financial expenses that can be easily added to calculate a total, for example, medical treatment or lost wages, property repair, and even future financial losses such as diminished earning capacity.

New York law also recognizes the right to seek non-economic damages like pain and suffering and loss of enjoyment of life which cannot be reduced to a monetary amount. The proof of these damages is through extensive evidence like depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine the percentage of damages award should be allocated between them. The jury has to determine the amount of fault each defendant has for the incident, and divide the total amount of damages awarded by the same percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of those cars and trucks. The resulting analysis of whether the presumption of permissive use applies is complex, and typically only a convincing evidence that the owner explicitly was not granted permission to operate the car will overcome it.