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Motor Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that in the event that a jury determines that you were at fault for an accident the damages you incur will be reduced based on your percentage of blame. This rule is not applicable to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a lawsuit for negligence the plaintiff has to prove that the defendant was obligated to exercise reasonable care. Nearly everyone owes this obligation to everyone else, but those who take the steering wheel of a motor vehicle have a higher obligation to the people in their area of activity. This includes ensuring that they do not cause motor vehicle accidents.

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

If someone violates their duty of care, they could cause damage to the victim as well as their property. The victim is then required to demonstrate that the defendant's violation of their duty caused the injury and damages that they have suffered. Proving causation is a critical part of any negligence case, and it involves looking at both the actual reason for the injury or damages as well as the cause of the injury or damage.

For instance, if a person runs a red light, it's likely that they'll be hit by a car. If their vehicle is damaged, they will need to pay for repairs. But the reason for the crash might be a cut from bricks, which later turn into a dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. It must be proven in order to be awarded compensation for personal injury claims. A breach of duty is when the actions taken by the person who is at fault are not in line with 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 the law of the state and licensing bodies. Drivers have a duty to be considerate of other drivers and pedestrians, as well as to adhere to traffic laws. If a driver fails to comply with this duty of care and creates an accident, he is liable for the injury suffered by the victim.

A lawyer can use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then prove that the defendant failed to meet the standard in his actions. It is a matter of fact that the jury has to decide whether the defendant met the standard or not.

The plaintiff must also demonstrate that the breach of duty by the defendant was the primary cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example an individual defendant could have crossed a red light, but it's likely that his or her actions wasn't the main cause of your bicycle crash. This is why causation is often contested by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff must prove an causal link between breach of the defendant and their injuries. For example, if the plaintiff suffered an injury to his neck in a rear-end collision the lawyer will argue that the collision was the cause of the injury. Other elements that are required in causing the collision such as 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 negligence and the injured plaintiff's symptoms could be more difficult to establish. It may be that the plaintiff has a turbulent background, a strained relationship with their parents, or is a user of drugs or alcohol.

If you've been involved in an accident that is serious to your vehicle, it is important to consult with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation and motor vehicle accident lawsuit vehicle accident cases. Our lawyers have developed working relationships with independent physicians in a variety of specialties, as well experts in computer simulations as well as reconstruction of accidents.

Damages

The damages a plaintiff can recover in a motor vehicle case include both economic and non-economic damages. The first category of damages is any monetary expenses that can be easily added to calculate a total, for example, medical treatment loss of wages, property repairs, and even future financial losses, like a diminished earning capacity.

New York law also recognizes the right to seek non-economic damages such as pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a monetary amount. These damages must be established with a large amount of evidence, such as 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 typically employ comparative fault rules to determine the amount of total damages that should be divided between them. The jury must determine the percentage of fault each defendant has for the accident, and divide the total amount of damages awarded by that percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of the vehicles. The method of determining if the presumption is permissive or not is complex. Typically it is only a clear evidence that the owner denied permission to the driver to operate the vehicle will overrule the presumption.