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Motor Vehicle Accident Law Firm Vehicle Litigation

If the liability is challenged then it is necessary to bring a lawsuit. The defendant will then be given 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 the damages awarded to you will be reduced by your percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a negligence case the plaintiff has to prove that the defendant was obligated to act with reasonable care. This duty is owed by everyone, but those who drive a vehicle owe an even higher duty to other drivers in their field. This includes not causing car accidents.

In courtrooms, the standard of care is established by comparing an individual's conduct against what a normal individual would do in the same situations. Expert witnesses are frequently required when cases involve medical malpractice. Experts who have a greater understanding of the field could be held to a higher standard of treatment.

A breach of a person's obligation of care can cause harm to the victim or their property. The victim is then required to prove that the defendant breached their duty and caused the injury or damages they sustained. Causation is a key element of any negligence claim. It involves proving both the primary and secondary causes of the damage and injury.

For instance, if a driver is stopped at a red light then it's likely that they will be hit by a vehicle. If their vehicle is damaged, they'll need to pay for repairs. The actual cause of an accident could be a brick cut that causes an infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. This must be proven in order to obtain compensation in a personal injury case. A breach of duty is when the actions of the person who is at fault do not match what a normal person would do under similar circumstances.

For instance, a physician has several professional obligations to his patients based on the law of the state and licensing boards. Drivers are required to care for other drivers and pedestrians, and motor vehicle accident Law firm to respect traffic laws. If a driver violates this duty of care and causes an accident, he is liable for the injury suffered by the victim.

A lawyer can rely on the "reasonable person" standard to establish the existence of the duty of care, and then show that the defendant failed to satisfy the standard through his actions. It is a matter of fact that the jury has to decide whether the defendant fulfilled the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the direct cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For instance, a defendant may have crossed a red line, but his or her action was not the primary cause of the crash. Because of this, causation is frequently disputed by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if the plaintiff sustained a neck injury from an accident that involved rear-ends, his or her lawyer might claim that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary vehicle, are not culpable, and will not impact the jury's decision to determine the degree of fault.

It may be harder to establish a causal link between a negligent action and the psychological issues of the plaintiff. It could be that the plaintiff has a rocky background, a strained relationship with their parents, or has abused drugs or alcohol.

It is imperative to consult an experienced attorney in the event that you've been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident attorney vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in a wide range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators.

Damages

The damages that plaintiffs can seek in motor vehicle litigation include both economic and non-economic damages. The first category of damages is any monetary costs that are easily added to calculate an amount, like medical expenses or lost wages, property repairs, and even future financial losses such as 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. The proof of these damages is by a wide array of evidence, including depositions of family members and friends of the plaintiff or medical records, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages awarded should be split between them. This requires the jury to determine the amount of fault each defendant had for the incident and then divide the total damages awarded by the percentage of fault. New York law however, does not permit this. 1602 does not exempt vehicle owners from the comparative negligence rule in the event of injuries caused by drivers of cars or trucks. The analysis to determine whether the presumption is permissive is complex. The majority of the time it is only a clear evidence that the owner refused permission to the driver to operate the vehicle can overrule the presumption.