Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. The Defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds that you were at fault for an accident the damages you incur will be reduced based on your percentage of fault. This rule is not applicable to the owners of vehicles that are that are rented or leased out to minors.

Duty of Care

In a lawsuit for negligence the plaintiff must show that the defendant was obligated to act with reasonable care. This duty is owed to everyone, but those who operate vehicles owe an even greater obligation to other people in their field. This includes ensuring that they do not cause accidents with motor vehicles.

In courtrooms, the standards of care are determined by comparing an individual's conduct against what a normal individual would do in the same conditions. This is why expert witnesses are often required in cases involving medical negligence. Experts with a superior understanding of particular fields may be held to a higher standard of treatment.

If a person violates their duty of care, it could cause injury to the victim or their property. The victim has to establish that the defendant's breach of their duty resulted in the damage and injury they sustained. Causation is a crucial element of any negligence claim. It requires proof of both the proximate and real causes of the injuries and damages.

If a driver is caught running the stop sign it is likely that they will be struck by another vehicle. If their car is damaged, they'll be responsible for the repairs. The actual cause of a crash could be caused by a brick cut that develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved to obtain compensation in a personal injury suit. A breach of duty is when the actions of the at-fault party are insufficient to what a normal person would do under similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients based on the law of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians to drive safely and observe traffic laws. If a driver violates this obligation of care and causes an accident, he is responsible for the injuries suffered by the victim.

A lawyer can rely on the "reasonable people" standard to show that there is a duty of caution and then show that the defendant failed to meet this standard with his actions. It is a matter of fact that the jury has to decide if the defendant met the standard or not.

The plaintiff must also demonstrate that the breach of duty by the defendant was the direct cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant might have walked through a red light, however, that's not the reason for the crash on your bicycle. For this reason, the causation issue is often contested by defendants in collision cases.

Causation

In motor vehicle accident vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. For instance, if the plaintiff suffered a neck injury from a rear-end collision, his or her lawyer will argue that the collision caused the injury. Other elements that could have caused the collision, like being in a stationary vehicle is not culpable and will not influence the jury's decision on fault.

For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. It may be that the plaintiff has a turbulent past, has a difficult relationship with their parents, or is a user of alcohol or drugs.

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

Damages

In motor vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first category of damages is all financial costs that can be easily added together and then calculated into a total, for example, medical treatment, lost wages, repairs to property, or even a future financial loss, like diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, including suffering and pain, as well as loss of enjoyment, which cannot be reduced to a dollar amount. These damages must be established with a large amount of evidence, such as depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the rules of comparative negligence to determine the proportion of damages awarded should be split between them. The jury must decide the proportion of fault each defendant is accountable for the accident, motor Vehicle Accident Attorney and divide the total amount of damages awarded by that percentage. However, New York law 1602 does not exempt vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of cars or trucks. The analysis to determine whether the presumption is permissive or not is complex. In general the only way to prove that the owner did not grant permission to the driver to operate the vehicle will be sufficient to overturn the presumption.