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Motor Vehicle Litigation

When liability is contested 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 when a jury finds you responsible for the accident the amount of damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence suit the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. This duty is owed to all, but those who operate a vehicle owe an even greater obligation to other people in their field. This includes not causing accidents in motor vehicles.

In courtrooms, the standard of care is determined by comparing an individual's conduct with what a typical person would do in similar situations. In the event of medical negligence experts are often required. People who have superior knowledge of a specific area may also be held to a higher standard of care than others in similar situations.

When a person breaches their duty of care, they could cause harm to the victim and/or their property. The victim has to demonstrate that the defendant's violation of their duty caused the damage and injury they have suffered. Causation is an important part of any negligence claim. It requires proof of both the primary and secondary causes of the damage and injury.

For instance, if someone has a red light then it's likely that they will be hit by another car. If their car is damaged they will be responsible for the repairs. But the actual cause of the crash could be a cut or bricks that later develop into a potentially dangerous infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proved in order to secure compensation in a personal injury lawsuit. A breach of duty happens when the at-fault party's actions are not in line with what an average person would do in similar circumstances.

A doctor, motor Vehicle accident Lawsuits for example, has a number of professional obligations to his patients. These obligations stem from laws of the state and licensing bodies. Motorists owe a duty of care to other drivers and pedestrians to drive safely and observe traffic laws. If a motorist violates this duty of care and results in an accident, the driver is liable for the victim's injuries.

Lawyers can use the "reasonable persons" standard to demonstrate that there is a duty of caution and then show that the defendant did not comply with this standard with his actions. The jury will decide if the defendant complied with or did not meet the standards.

The plaintiff must also establish that the defendant's breach of duty was the main cause of the injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have run through a red light but that wasn't what caused the accident on your bicycle. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle accident Lawsuits vehicle-related cases, the plaintiff must establish a causal link between breach of the defendant and the injuries. For instance, if the plaintiff sustained a neck injury from a rear-end collision, his or her lawyer could argue that the collision was the cause of 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 decision of the liability.

For psychological injuries, however, the link between a negligent act and the victim's afflictions may be more difficult to establish. It could be that the plaintiff has a troubled past, has a difficult relationship with their parents, or has been a user of drugs or alcohol.

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

Damages

The damages that plaintiffs can seek in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages encompasses all financial costs that can easily be added up and summed up into a total, such as medical expenses and lost wages, repairs to property, and even financial loss, like a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, such as the suffering of others and the loss of enjoyment, 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 and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages awarded should be divided between them. The jury must determine the degree of fault each defendant had for the accident and then divide the total damages awarded by that percentage of the fault. New York law however, does not permit this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of the vehicles. The analysis to determine whether the presumption of permissiveness is complex. Most of the time the only way to prove that the owner did not grant permission for the driver to operate the vehicle will be sufficient to overturn the presumption.