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Motor Vehicle Litigation

When a claim for liability is litigated and the liability is disputed, it is necessary to bring a lawsuit. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules which means that should a jury find that you are responsible for causing an accident the damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence lawsuit the plaintiff has to prove that the defendant owed them a duty to act with reasonable care. This duty is owed by everyone, but people who operate a vehicle have an even higher duty to other people in their field. This includes ensuring that they do not cause motor vehicle accidents.

In courtrooms the standard of care is established by comparing an individual's behavior to what a normal person would do in similar situations. This is why expert witnesses are frequently required when cases involve medical malpractice. Experts who are knowledgeable of a specific area may be held to an even higher standard of care than other individuals in similar situations.

A person's breach of their duty of care could cause harm to a victim, or their property. The victim has to prove that the defendant acted in breach of their obligation and caused the damage or damages they sustained. Causation is an important part of any negligence claim. It involves proving both the proximate and actual causes of the damage and injury.

If someone runs a stop sign, they are likely to be struck by another vehicle. If their vehicle is damaged, they'll have to pay for the repairs. But the actual cause of the crash could be a cut from a brick that later develops into a potentially dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. This must be proven in order to be awarded compensation for a personal injury claim. A breach of duty is when the actions of the at-fault person fall short of what an ordinary person would do under similar circumstances.

A doctor, for instance, has several professional obligations to his patients, arising from the law of the state and licensing boards. Motorists owe a duty of care to other motorists and pedestrians on the road to be safe and follow traffic laws. If a driver fails to comply with this duty of care and causes an accident, he is accountable for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of a duty of care and then demonstrate that the defendant failed to meet the standard in his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also prove that the breach by the defendant was the sole cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example it is possible that a defendant crossed a red line, but the action wasn't the proximate cause of your bike crash. This is why causation is frequently disputed by the defendants in case of a crash.

Causation

In motor vehicle accidents, the plaintiff must establish a causal link between defendant's breach and their injuries. For example, if the plaintiff suffered neck injuries as a result of an accident that involved rear-ends the lawyer would argue 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 cause of the accident.

It may be harder to establish a causal relationship between a negligent act, and the plaintiff's psychological symptoms. It could be the case that the plaintiff has had a difficult past, a poor relationship with their parents, or has been a user of drugs or alcohol.

If you have been in an accident that is serious to your vehicle it is essential to consult with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident law firms vehicle accident as well as business and commercial litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent medical professionals across a variety of specialties, expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

In motor vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first type of damages is any monetary costs that can be easily added to calculate a total, for example, medical treatment loss of wages, property repair, and even future financial losses like 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. The damages must be proven with a large amount of evidence, such as depositions of family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts typically use the comparative fault rule to determine the amount of total damages that should be divided between them. The jury has to determine the percentage of blame each defendant is responsible for the incident and then divide the total damages awarded by the percentage. New York law however, doesn't allow this. 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries sustained by the drivers of cars or trucks. The analysis to determine whether the presumption is permissive or not is complex. The majority of the time, only a clear demonstration that the owner did not grant permission to the driver to operate the vehicle can be able to overcome the presumption.