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Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant is entitled to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, if a jury finds you to be 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 which are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must show that the defendant was bound by an obligation of care to them. This duty is due to all, but those who operate a vehicle have an even greater duty to others in their field. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms evaluate an individual's behavior to what a typical individual would do under the same conditions to determine a reasonable standard of care. Expert witnesses are frequently required in cases involving medical malpractice. Experts with a superior understanding of specific fields could be held to a greater standard of care.

When a person breaches their duty of care, it may 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 led to the damage and injury they suffered. Causation is a crucial element of any negligence claim. It involves proving both the proximate and actual causes of the damages and injuries.

For example, if someone runs a red stop sign, it's likely that they'll be hit by a car. If their car is damaged they'll be accountable for the repairs. But the actual cause of the crash might be a cut or a brick that later develops into a dangerous infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proved to obtain compensation in a personal injury claim. A breach of duty is when the actions of the at-fault party are insufficient to what an ordinary person would do under similar circumstances.

A doctor, for instance is a professional with a range of professional obligations to his patients that are derived from laws of the state and licensing bodies. Motorists are required to show care to other motorists and pedestrians on the road to drive safely and obey traffic laws. When a driver breaches this obligation of care and causes an accident, he is accountable for the injuries suffered by the victim.

A lawyer can use "reasonable persons" standard to demonstrate that there is a duty to be cautious and then demonstrate that defendant did not adhere to the standard in his actions. It is a matter of fact for the jury to decide if the defendant was in compliance with the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant might have walked through a red light but that's not the cause of your bicycle accident. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle accident lawyer vehicle-related cases, the plaintiff must prove an causal link between breach by the defendant and their injuries. If the plaintiff sustained neck injuries as a result of a rear-end accident the attorney for the plaintiff would argue that the collision was the reason for the injury. Other factors that are needed to cause the collision, such as being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's determination of the liability.

It may be harder to establish a causal relationship between a negligent action and the plaintiff's psychological symptoms. It may be the case that the plaintiff has a troubled past, a poor relationship with their parents, or has abused drugs or alcohol.

If you've been involved in a serious motor vehicle accident, it is important to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors with a variety of specialties including expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

The damages that a plaintiff may recover in motor vehicle litigation can include both economic and non-economic damages. The first type of damages includes any monetary expenses that can be easily added to calculate the sum of medical expenses and 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, including pain and suffering as well as loss of enjoyment, which cannot be reduced to a dollar amount. The damages must be proven through extensive evidence such as depositions of family members and friends of the plaintiff, medical records, or other expert witness testimony.

In cases that involve 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 must decide the amount of fault each defendant carries for the incident and then divide the total damages awarded by that percentage. New York law however, doesn't allow this. 1602 does not exempt vehicle owners from the comparative negligence rule in cases where injuries are caused by drivers of cars or trucks. The method of determining if the presumption is permissive or not is complicated. Typically there is only a clear proof that the owner denied permission for the driver to operate the vehicle can overrule the presumption.