Motor vehicle Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant will then have the chance to respond to the complaint.

New York follows pure comparative fault rules and, if the jury finds that you are responsible for causing the crash the damages awarded to you will be reduced by your percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a case of negligence, the plaintiff has to prove that the defendant owed the duty of care toward them. Almost everybody owes this duty to everyone else, however those who sit behind the car have a higher obligation to other people in their field of operation. This includes ensuring that they don't cause accidents in motor vehicles.

In courtrooms the standards of care are determined by comparing an individual's conduct with what a normal person would do in the same conditions. This is why expert witnesses are often required in cases involving medical negligence. Experts with more experience in particular fields may be held to a greater standard of medical 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 show that the defendant violated their duty of care and caused the injury or damage that they suffered. Causation is an important part of any negligence claim. It involves proving both the primary and secondary causes of the damage and injury.

If a person is stopped at an stop sign it is likely that they will be hit by a car. If their vehicle is damaged, they will be responsible for the repairs. The reason for the crash might be a cut on bricks that later develop into a deadly infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. This must be proven in order to receive compensation for a personal injury claim. A breach of duty occurs when the actions of the at-fault party are not in line with what an ordinary person would do under similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients that are governed by the law of the state and licensing boards. Drivers have a duty to be considerate of other drivers and pedestrians, and to adhere to traffic laws. If a motorist violates this obligation of care and causes an accident, he is responsible for the injury suffered by the victim.

A lawyer can 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 decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also prove that the defendant's negligence was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example the defendant could have crossed a red light, but the action was not the primary reason for your bicycle crash. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and his or her injuries. For example, if the plaintiff sustained a neck injury from a rear-end collision and his or her lawyer could argue that the accident caused the injury. Other factors that are needed to produce the collision, such as being in a stationary vehicle, are not culpable, and do not affect the jury's decision of the liability.

It can be difficult to prove a causal link between an act of negligence and the psychological symptoms of the plaintiff. It could be the case that the plaintiff has a troubled background, a strained relationship with their parents, or is a user of alcohol or drugs.

If you've been involved in an accident that is serious to your vehicle It is imperative to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, and motor vehicle accident attorneys vehicle crash cases. Our lawyers have formed relationships with independent physicians across a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations, and vehicle with private investigators.

Damages

The damages plaintiffs can claim in motor vehicle accident lawsuits vehicle litigation include both economic and non-economic damages. The first category of damages is any monetary costs that can be easily added up and calculated as a sum, such as medical expenses and lost wages, property repair and even future financial losses, like a diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment are not able to be reduced to cash. However these damages must be proven to exist by a variety of evidence, such as deposition testimony of the plaintiff's family members and close friends medical records, other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the damages awarded should be divided between them. This requires the jury to determine the amount of fault each defendant incurred in the accident, and then divide the total amount of damages by that percentage of fault. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of these trucks and cars. The analysis to determine whether the presumption of permissiveness is complex. The majority of the time there is only a clear proof that the owner was not able to grant permission to the driver to operate the vehicle can be able to overcome the presumption.